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Home My WebLink AboutLOD200600019 Letter of Determination 2006-08-21� 1 ;D G1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 August 21, 2006 Rosalyn Koontz David Hurd 2053 Union Mills Road Troy, VA 22974 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 94, Parcel 26 (Property of David Hurd or Rosalyn Koontz) Section 10.3.1 Dear Mr. Hurd and Ms. Koontz: The County Attorney and I have reviewed the title information for the above -noted property. It is the County Attorney's advisory opinion and my official determination that the portion of Tax Map 94, Parcel 26 that is located in Albemarle County has five theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 94, Parcel 26 contains 19.221 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1887, page 176. The file contains a plat by Residential Surveying Services, dated November 12, 2002, that shows the southeast corner of the property is located in Fluvanna County. This analysis begins with the deed of record in Deed Book 138, page 71 that is dated July 30, 1908. That deed conveyed 50 acres from Lewis Hearns and Sarah Hearns to Moses Hearns and Alberta Hearns. The property is described by reference to Deed Book 111, page 492. This deed established the 50 -acre tract as a parcel of record. Deed Book 346, page 86, dated January 29, 1958, conveyed 3.91 acres from Moses L. Hearns & Francis L. Hearns, Clara Hearns Hackney & Christopher Hackney and Susie Hearns Clark to Frances D. Huggard. The property is shown on a plat by John B. Trice, dated December 21, 1957. It is further described as being a portion of the larger tract of 50 acres conveyed by the deed of record in Deed Book 138, page 71. It is calculated that this transaction reduced the property to 46.09 acres. Deed Book 356, page 344, dated August 14, 1959, conveyed 1.9 acres from Moses L..Hearns & Francis L. Hearns, Clara Hearns Hackney & Christopher Hackney and Susie Hearns Clark to W. R. Taylor and H. R. Taylor. The property is shown on a plat by T. W. Saunders, dated July 3, 1959. It is further described as being a portion of the larger tract of 50 acres conveyed by the property to 44.19 acres. I:\DEPTOCMDetermin of Parcel\2006 \94 -24 Hurd & Koontz LOD- 2006- 19.doc Rosalyn Koontz & David HurC C August 21, 2006 -- Page 2 Deed Book 591, page 207, dated March 16, 1976, conveyed 8 parcels from Carla Dickerson Hackney and Frances Hearns to H. Wilson Davis and Joan C. Davis. The parcels are shown on a plat by William Morris Foster dated February 23, 1976. The property is further described as being a portion of the land conveyed by the deed of record in Deed Book 138, page 71. The plat notes that the residue contained approximately 30 acres. The most recent instrument for Tax Map 94, Parcel 26 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 672, page 199. This deed conveyed 4 parcels from Carla Dickerson Hackney and Frances Hearns to H. Wilson Davis and Joan C. Davis. The parcels are shown on a plat by William Morris Foster dated January 19, 1979. The property is further described as being a portion of the land conveyed by the deed of record in Deed Book 138, page 71. The plat notes that the residue contained approximately 20 acres. On the basis of this deed the 20 -acre residue is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 1887, page 176, dated January 4, 2000, conveyed property from Frances D. Huggard and James R. Huggard and Wilson Dickerson, Jr. to David R. Hurd and Rosalyn A. Koontz. The property is described as all the parcel containing 50 acres described in Deed Book 138, page 71; LESS AND EXCEPT 3.91 acres conveyed by the deed of record in Deed Book 342, page 86, 1.9 acres conveyed by the deed of record in Deed Book 356, page 344, Lots 1 through 8 conveyed by the deed of record in Deed Book 591, page 207 and Lots 9 through 12 conveyed by the deed of record in Deed Book 672, page 201. This transaction had no effect on the development rights of the parcel. The parcel is entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcel with which they are associated. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty -one acres as it has land to make. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2 -2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, 144�� John Shepherd Copy: Gay Carver, Real Estate Supervisor MDEPTOUS\Determin of Parcel\2006 \94 -24 Hurd & Koontz LOD- 2006- 19.doc UTILITIES AND EASEMENTS OTHER THAN THOSE SHOWN MAY EXIST. NO TITLE REPORT WAS FURNISHED FOR THIS SURVEY. THIS PLAT WAS PREPARED FOR: DAVID L. HURD 6 ROSALYN A. KOONTZ IF 7. N. P. N - 2I j%FRMlW Y. hG97 NA777£ 5T7 "6L.• hEAi7Y YA7ES E7AL \ O.B. 017 Ay. 227 PLAT AND THE TITLE LINES AND WALLS IN ANDAREASERSIC44A ED AS ZONE A DATE 23.1' ki m "Y 23.f' II7USE OETAlL "A' HOLSE.OETAT 'S' r. 50. - - J L A P. 95 - J7 S/EE75 A'KYP, LLC 0.0. 227. f4. 725 I.N. P. 4 - 1 O. BF�3IB f4 316 r£LUVA 'co.J 25' OAK 1, Y PLAT SHOWING PHYSICAL SURVEY OF T,M.P. 94 - 26 & 26A 2051 & 2053 UNION MILLS ROAD RIVANNA DISTRICT ALBEMARLE COUNTY, VIRGINIA NOVEMBER 12. 2002 1 69 l\ �7Afl 1 Q4q� �• �' '�1' IR °� 6 ��• / �3Y � r iilm m �� o r �iy1 r a��' I a�{�y� I '-•� o r 1� IF 7. N. P. N - 2I j%FRMlW Y. hG97 NA777£ 5T7 "6L.• hEAi7Y YA7ES E7AL \ O.B. 017 Ay. 227 PLAT AND THE TITLE LINES AND WALLS IN ANDAREASERSIC44A ED AS ZONE A DATE 23.1' ki m "Y 23.f' II7USE OETAlL "A' HOLSE.OETAT 'S' r. 50. - - J L A P. 95 - J7 S/EE75 A'KYP, LLC 0.0. 227. f4. 725 I.N. P. 4 - 1 O. BF�3IB f4 316 r£LUVA 'co.J 25' OAK 1, Y PLAT SHOWING PHYSICAL SURVEY OF T,M.P. 94 - 26 & 26A 2051 & 2053 UNION MILLS ROAD RIVANNA DISTRICT ALBEMARLE COUNTY, VIRGINIA NOVEMBER 12. 2002 1 100 220 4 0 SCALE IN FEET LEGAL REFERENCES: 0.6.1887 Pg.176 (PAR 26) D.B. 1862 PO. 31 (PAR 28A) IF -IRON FOUND IS - IRON SET PF PIPE FOUND UP - UTILITY POLE DH OVERHAEADAUTILITY LINES LP 6� .g �H Z FLT H q> a� ar po Hobert M. Winn. ,1•. 80. 2007 0 •(y S y y0 7 N. P. W -251 N![7GEL K. 6 L09! C. 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