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Home My WebLink AboutLOD201400003 Letter of Determination 2014-05-23COUNTY 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 Brian S. Ray Roger W. Ray and Assoc., Inc. 1717-1 B Allied Street Charlottesville, VA 22903 RE: LOD2014-00003 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 122, Parcel 12B (Property of GWYNNE B DAYE TRUSTEE OF THE GWYNNE B DAYE REVOCABLE TRUST), Tax Map 122, Parcel 12B1 (Property of WILLIAM OR MELISSA DICKIE), Tax Map 122, Parcel 12132 (Property of GWYNNE B DAYE TRUSTEE OF THE GWYNNE B DAYE REVOCABLE TRUST) Scottsville Magisterial District Dear Mr. Ray: 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 122, Parcel 12B is comprised of two (2) parcels of record, 21.60 acres"-, with five (5) theoretical development rights and 25.30 acres"-, with five (5) theoretical development rights, and Tax Map 122, Parcel 12B1 and B2, each respectively with 9.325 acres"- with three (3) theoretical development rights, and 5.00 acres"- with two (2) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 122 Parcel 12B contains 48.016 acres and one (1) dwelling, Tax Map 122 Parcel 12131 contains 9.325 acres and zero (0) dwellings, and Tax Map 122 Parcel 12B2 contains 5.00 acres and zero (0) dwellings. The properties are zoned RA, Rural Areas. The most recent deed for Tax Map 122 Parcel 12B, 1281 and 1282, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 671, page 74 and is dated May 17, 1979. PRIOR TO DECEMBER 10, 1980 TMP 122-12B — 61.6ac parcel Deed Book / Pae Date Parcel Change Y or N Description Acres 269/328 Y Plat of division of 2 tracts of land aggregating 589.9 589.9 acres known as White Hall situated about 4 miles north of Scottsville, April 1946, Hugh F. Simms, & Son, C.L.S. 269/497 05/25/1946 N All that certain tract or parcel of land, containing 61.60 61.60 acres, more or less, composed of Lot 11 containing 14.7 acres, Lot 12 containing 21.6 acres and Lot 13 Lot 11 - 14.70 containing 25.30 acres shown on plat made by Hugh F. Lot 12 - 21.60 Simms, dated April 1946 in DB 269 P 328. Lot 13 - 25.30 May 23, 2014 LOD-2014-00003 Page 2 of 4 279/552 07/27/1948 N All that certain tract or parcel of land, containing 61.60 61.60 Development Book / Pae acres, more or less, composed of Lot 11 containing Rights 879/220 14.7 acres, Lot 12 containing 21.6 acres and Lot 13 Lot 11 - 14.70 All that certain tract or parcel of 61.6 containing 25.30 acres shown on plat made by Hugh F. Lot 12 - 21.60 land, containing in the aggregate Simms, dated April 1946 in DB 269 P 328. Lot 13 - 25.30 671 /74 05/17/1979 N All that certain tract or parcel of land, containing 61.60 61.60 acres, more or less, composed of Lot 11 containing 14.7 acres, Lot 12 containing 21.6 acres and Lot 13 Lot 11 - 14.70 Lot 12 - 21.60 5 containing 25.30 acres shown on plat made by Hugh F. Lot 12 - 21.60 and Lot 13 containing 25.30 acres Simms, dated April 1946 in DB 269 P 328. Lot 13 - 25.30 AFTER DECEMBER 10, 1980 TMP 122-12B - 61.60ac parcel - Deed Date Parcel Change Description Acres Development Book / Pae Y or N Rights 879/220 05/02/1986 N All that certain tract or parcel of 61.6 land, containing in the aggregate 61.60 acres, more or less, Lot 11 - 14.7 5 composed of Lot 11 containing 14.7 acres, Lot 12 containing 21.6 acres Lot 12 - 21.60 5 and Lot 13 containing 25.30 acres being shown on a certain plat of Lot 13 - 25.30 5 survey, dated April, 1946, made by Hugh F. Simms and Son, C.L.S., recorded in DB 269 P 328 1809/193 04/10/1999 N Recorded a plat of a boundary 62.34 survey of 62.34 acres. Lot 11 - 14.7 5 Lot 12 - 21.60 5 Lot 13 - 25.30 5 3033/40 09/14/2007 Y Recordation of a CERTIFICATE OF 62.341 PLAT entitled "Plat Showing the made up of Lots Subdivision of Tax Map 122 Parcel 11, 12, & 13 1213" Lot 11 -14.7 5 9.325** 3 **This subdivision occurred prior to (Lot A now TMP this determination and assumed 122-12131) that Parcel 12B had 5 development minus rights thus assigned Lots A and B according to the subdivision 5.00** 2 regulations at that time. Lot 11 is (Lot B now TMP determined to be a separate parcel 1 2) of land with 5 development rights. leaves leaves Further description of the allocation of the 5 development rights is 48.016 which is provided below. made up of Lot 12 - 21.60 5 Lot 13 - 25.30 5 May 23, 2014 LOD-2014-00003 Page 3 of 4 3049/380 07/22/2005 N All that certain tract or parcel of 48.016 land, containing in the aggregate 61.60 acres, more or less, Lot 12 5 composed of Lot 11 containing 14.7 Approx. 21.6 acres, Lot 12 containing 21.6 acres and Lot 13 containing 25.30 acres Lot 13 5 being shown on a certain plat of Approx. 25.30 survey, dated April, 1946, made by Hugh F. Simms and Son, C.L.S,, recorded in DB 269 P 328, LESS AND EXCEPT all those certain lots or parcels of land recorded in DB 3033 P 40. 3087/203 10/11/2005 N All that certain lot or parcel of land, 9.325 3 containing 9.325 acres, more or Lot A now less, shown as Lot A on a plat TMP 122-12131 recorded in DB 3033 P 40. On the basis of these deeds As of December 10, 1980, Tax Map 122, Parcel 12B is determined to be three (3) parcels of record, One comprised of approximately 21.60 acres+i" (Lot 12), containing 5 development rights; One comprised of approximately 25.30 acres+'"(Lot 13), containing 5 development rights; and, One comprised of approximately 14.70 acres+'"(Lot 11), containing 5 development rights, as further explained as follows: **Tax Map 122, Parcels 12131 and 12132 are determined to be portions of Lot 11 which contained 14.70 acres as recorded in DB 671 P 74. A 14.325 acre portion of the 61.30 acres noted in DB 674 P 74 (later surveyed as 62.341 acres in DB 1809 P 193) was divided from the 62.341 acres of Parcel 12B into a 9.325 acre parcel (Lot A) and a 5.00 acre parcel (Lot B) leaving a residue of 48.016 acres per DB 3033 P 40. This plat allocated development rights as follows; Lot A one (1) development right, Lot B two (2) development rights, residue two (2) development rights. This allocation of development rights is incorrect. Lot 11 is determined to be a separate parcel of record thus would have contained five (5) development rights as of December 10, 1980. The plat recorded in DB 3033 P 40 did not take this into account when it assigned two (2) development rights to Lot B, the 5.00 acre parcel. The regulation at that time as well as today would not have permitted more than two (2) development rights to be assigned to Lot B. If two (2) development rights were assigned to Lot B then the remaining three (3) development rights must have remained with Lot A, the 9.325 acre parcel. Thus on the basis of these deeds, Tax Map 122 Parcel 12131 (Lot A) is comprised of 9.325 acres" -,containing 3 development rights; and Tax Map 122 Parcel 12132 (Lot B) is comprised of 5.00 acres+' containing 2 development rights. May 23, 2014 LOD-2014-00003 Page 4 of 4 The parcels are 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. 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.org/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.orq/cdapps.) If you have any questions, please contact me. Francis H. MacCall Principal Planner Copy: Sheila L. Conrad, Real Estate Tech, Real Estate Ella Jordan, Clerk of the Board of Supervisors Owner: TMP 122-12B & 12132 GWYNNE B DAYE TRUSTEE OF THE GWYNNE B DAYE REVOCABLE TRUST 636 BAYWICK CIRCLE CROZET VA, 22932 TMP 122-12131 WILLIAM OR MELISSA DICKIE P O BOX 214 KEENE VA, 22946 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 13, 2014 TAX MAP 122 PARCELS 12B, 1281, & 12B2 Legend TMP 122-12B is made up of (Note: Some items on map may not appear in legend) 122-13 Lot 12 - 21.60ac and "'�are., ° A—RI B niRrvERsm o a RREs UEs,A,oe Lot 13 - 25.30ac 122-16 "� °" _' ®Po-Es,A,oR eaE REAT� E,.URSM 713 a s RoPrc.k GL`ENDOWERAD Lot 12 21.60ac 5 DRs Lot 13 25.30ac 122-1 5 DRs D 122-12B D � D l TM: 122 Lot A 122-12D 9.325ac 3 DRs 122-12B1 Lot B 712 5.00ac Lot 11 is made up of C'�. 2 DRs 760 Lot A - 9.325ac Fs, 122"1262 (TMP 122-12B1) and °z D MAW Lot B - 5.00ac c. (TMP 122-1282) a r ._ „% i'r 7-32 122-4'� , sl 122-12H 300 ft 122-12F nV/ ACBE 730 �� r�� y OF �� IIII GIS -Web u N � Geographic Data Services www.albemarle.org lhgorN�P (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 13, 2014