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HomeMy WebLinkAboutLOD201400002 Letter of Determination 2014-05-23OF AL U �'JRGINt�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 May 23, 2014 Stewart Wright 3540 Pritchett Lane Charlottesville VA 22911 RE: LOD2014-00002 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 92, Parcel 21 (Property of MARY PAULINE JOHNSON AND DORIS PHYLLIS JACKSON) Scottsville Magisterial District Dear Sir: 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 Tax Map 92, Parcel 21 is comprised of one (1) parcel of record with two (2) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 92 Parcel 21 contains 6.75 acres and one (1) dwelling. The property is zoned RA, Rural Areas. The most recent deed for Tax Map 92 Parcel 21, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 204, page 107 and is dated August 7, 1928. PRIOR TO DECEMBER 10, 1980 TMP 92-21 — 5.Oac parcel Deed Date Parcel Change Description Acres Book / Pae Y or N 137/114 01/27/1908 Y All of that certain tract or parcel of land, containing five 5.0 (5) acres, more or less according to plat made by J.C. Mann, Surveyor, dated Jan. 1908 and to be recorded herewith. 169/467 04/04/1919 N All of that certain tract or parcel of land, containing five 5.0 (5) acres according to a plat made by J.C. Mann, Surveyor, dated January 1908. 204/107 08/07/1928 N All of that certain tract or parcel of land, containing five 5.0 acres according to plat made by J.C. Mann, surveyor, dated January 1908. May 23, 2014 LOD-2014-00002 Page 2 of 3 AFTER DECEMBER 10, 1980 TMP 92-21 — 6.75ac parcel Deed Date Parcel Change Description Acres Development Book / Pae Y or N Rights 852/148 08/30/1985 N All that certain tract or parcel of land, 6.75 2 containing 6-3/4 acres, more or less, more particularly described in a plat of said land made by Hugh Simms, S.A.C., dated August, 1930, attached to this deed and recorded contemporaneously herewith. ** 2401 /056 01/16/2003 N All that certain tract or parcel of land, 6.75 2 containing 6-3/4 acres, more or less, more particularly described in a plat of said land made by Hugh Simms, S.A.C., dated August, 1930, recorded in DB 852P148 3495/261 09/14/2007 N Deed of Correction to correct tenancy 6.75 2 recorded in DB 2401 P 56 ** In August of 1930 a plat was created from a survey by Hugh F Simms, S.A.0 showing what was the 5 acres, more or less, noted above from DB 137 P 114 to be 4'/2 acres and a 2'/4 acre parcel immediately adjacent to the east sharing the property line of 420ft. This plat was not recorded until August of 1985, 55 years after the noted survey was completed. Somewhere between August of 1928 and August of 1930 Benjamin H. Carr is believed to have obtained ownership of the 2.25 acres. No clear title can be determined through the office of the Clerk of the Circuit Court. It is clear that subsequent to 1908, the subdivision plats of what was known as the Auburn Hill Farm and today as Auburn Hill Subdivision never included the 2.25 acre parcel in any of the surveyed parcels. These plats continually reference the adjacent parcel as being owned by Benjamin Carr and or show the adjacent property lines matching the survey from August of 1930. On the basis of these deeds Tax Map 92, Parcel 21 is a 6.75 acre tax parcel. We can only determine one (1) parcel of record comprised of 4.75 — 5.0 acres, containing 2 development rights. The remaining portion of the 6.75 acres (approx 1.75 -2.25 acres) cannot be determined to be a separate parcel of record. Further evidence may be provided by the current or future owner(s) that can be considered for a future determination of the remaining portion. 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. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. May 23, 2014 LOD-2014-00002 Page 3 of 3 An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.orq/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) If you have any questions, please contact me. Since Francis H. MacCal Principal Planner Copy: Ella Jordan, Clerk of the Board of Supervisors Owner: MARY PAULINE JOHNSON OR DORIS PHYLLIS JACKSON 1497 SULTERS RD CHARLOTTESVILLE VA, 22902 TAX MAP 92 PARCEL 21 V 4.5-5.0 acres determined to be 78C--OA-27 L 78C--OC-6 Legend Note: Some items on map may not appear in legend) separate parcel of record w/ f�G� oa;�oare., °wMM��n� 2DRs. F —O ©10-1 Es,a,oe ceipa��. cy 0 4o C s,.,oN 78C--OA-28 2.25 acres cannot be determined t1430 %"j 78C--OC-5 as-AT"-Ea.asM SC— P-1 to be a separate parcel o P.,..k 92-17B .8C--OA-29 _ 1440' 2.25ac+/- per unrecorde survey of 193 1497 78C--OA-30 TM: 92 92-21 TM: 93 Q,P 6 Between 4.5ac+/- per unrecorded P��G survey of 1930 or 5.00ac+/- per AN 92-18 recorded plat in DB 137 P 114 2 DRs -A 93-11A �8 9 92-2a,., _rn N 150 ft 93-11 GIS-Web 92-22 00. Geographic Data Services Z www.albemarle.org 92=22D (434) 296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 13, 2014