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HomeMy WebLinkAboutLOD200200002 Letter of Determinationoe ACQ� ,. F U�. Illl � 'ate Gil a COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 FAX (434) 972-4126 TELEPHONE (434) 296-5832 TTD (434) 972-4012 August 23, 2002 Dr. Richard F. Edlich and Carol Taylor-Edlich 4429 Watts Passage Charlottesville, VA 22911 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 33, Parcel 38A (Property of Richard F. Edlich and Carol Taylor-Edlich) Section 10.3.1 Dear Dr. and Ms. Edlich: 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 33, Parcel 38A contains four (4) development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 33, Parcel 38A contains 16.550 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1562, page 751. The most recent deed for this property, recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is recorded in Deed Book 596, page 125. This deed, dated May 18, 1976, conveyed 18.55 acres from Harry P. Austin & Virginia L. Austin to Richard F. Edlich & Carol C. Edlich. The property is more particularly described as follows: (1) Tract of 18 acres, more or less, shown on a plat by William S. Roudabush, dated May 13, 1976, captioned "Plat showing a survey of 18.00 Ac. & Entrance Containing 0.55 Ac. a Portion of 185.7 Ac. Tract Shown as Parcel 38 Tax Map 33 Near Gilbert Albemarle County, Virginia" which plat is hereto attached as a part of this deed. (2) An adjoining tract containing .55 acre designated as "Existing Parcel `X' Entrance Road as shown on the attached plat." This subdivision plat created these two tracts in 1976. The zoning ordinance in effect at that time, adopted on December 22, 1969, required a minimum lot area of two acres for single family dwellings; therefore, this "Existing Parcel `X' Entrance Road could not have been created as a lawful building lot. Rather, this parcel was created as a special lot, for the express sole purpose of access. This lot is in a class with well lots, cemetery lots and other special use lots created for a specific limited purpose. It is determined that this 0.55 acre parcel is not a lot of record as provided in Sections 10.3 and 10.3.1 of the Zoning Ordinance. As used in those sections, it is reasonably implied that a lot of record must be one that was established as a building lot. Thus, it is determined that the 0.55 acre tract, established for access purposes only, does not have a development right. On the basis of this deed the 18 acre tract is a lot of record as provided CAFiles\LETTERS\Parcel Determinations\33-38A Edlich.doc Edlich Development Right Determination August 23, 2002 Page 2 in Section 10.3 of the zoning ordinance. The property, containing a total of 18.55 acres is designated as Parcel 38A on Tax Map 33. Deed Book 1306, page 556, is a deed of gift dated March 4, 1992 between Richard F. Edlich & Carol Taylor Edlich, also known as Carol C. Edlich, the Grantors and Richard F, Edlich, as Trustee of the Richard F. Edlich Declaration of Trust dated November 20,1992 and Carol Taylor Edlich, as Trustee of the Carol Taylor Edlich Declaration of Trust, under Declaration of Trust dated November 20,:1992, the Grantees. The Grantors conveyed a one-half undivided interest as tenant in common to each of the Grantees in the same property as was conveyed to the Grantors by the deed recorded in Deed Book 596, page 123. This transaction had no effect on the development rights associated with Parcel 38A. Deed Book 1562, page 746, dated September 5, 1996, is a Credit Line Deed of Trust that conveyed two acres in trust from Richard F. Edlich, as Trustee of the Richard F. Edlich Declaration of Trust dated November 20,1992 and Carol Taylor Edlich, as Trustee of the Carol Taylor Edlich Declaration of Trust, dated November 20, 1992 to Fred S. Landes and M. Clifton McClure, Trustees. The property is described, in part, in Schedule A as Lot A on a plat of B. Aubrey Huffman, dated July 25, 1996. The property is further identified as a portion of the same property conveyed to the Grantors by deed dated March 4, 1992 and recorded in Deed Book 1306, page 556. The plat carried a note stating, "The remaining portion of Parcel 38A may not be divided into more than 4 parcels of less than 21 acres." The two -acre parcel is now designated as Parcel 38A5 on Tax Map 33. There have been no off -conveyances since this transaction. Based on this history, this property is determined to contain four (4) development rights if all other applicable regulations can be met. 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 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.lf you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department, Reading Files CAFiles\LETTERS\Parcel Determinations\33-38A Edlich.doc 07/24/2002 14:02 FAX 434 972 4126 SLD CODE & ZONING 10002 REQUEST FOR DETZ�>43 ATION PARCEL OF REW /DIVISION RIGHTS FILE m ADMIN (WAIVED) NON -ADMIN DATE: (� OWNER: Name: St CAcar cl F Ea1l-cG1 Address: _ 4 4 M W0-4hs s 'Pn,5 S Phone: _ . `i aq — 9-73— DOSS APPLICANT: Name: 5a*,e Address: Phone: Parcel of Record $60,00 Division Rights $30:00 CONTACT PERSON: Name: --&I c lard Address:. I G I SS N VJ . `J erne to -V -e— <�ou Phone: TAX MAP:, J P C LOCATION: y 43 61 1Je 5 �aL5 `. ACREAGE: 14 - SSU ('TOTAL) NUMBER OF PARCELS: 0. ul .0 : "13211111J13ul 1. Tax Map page. 313P 5a4 (f _ wVt I le- , y A - P—'3 -700f. P-' -700.6 ZONED: �_ r J t4 a aq if (EACH PARCEL) 2. Last instrument of record (plat and/or deed) in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980. (Highlight. or underline references to the subject property). 3. All plats and/or deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). 4. Any other pertinent information. 5. Cover letter stating the assumed number of parcels, with explanation of same. I certify that to the best of my information, belief and professional opinion, these attachments include all pertinent plats and deeds from the Clerk's Office, as required under "submittal requirements." Signature Date 3ournal of �__/ �� Editor-in-chief LONG-TERM Richard E Edlich M.D., Ph.D 16155 NW Jenne Lake Ct. EFFECTS Beaverton, OR 97006 OF MEDICAL Publisher IMPLANTS Begell House, Inc. 145 Madison Avenue Jul 24 2002 New York, NY 10016 Y, Tel.: (212) 725-1999 Sharon Y. Bridges County of Albemarle Dept. of Bldg. Code and Zoning Services Zoning Technician 401 McIntire Road Charlottesville, VA 22902-4596 Dear Sharon, Carol Taylor Edlich and I own a home at 4429 Watts Passage, Charlottesville, VA 22911. Because the property is presently for sale, I need written confirmation regarding the four division rights for the property. As of August 1, Mr. Frank Quayle with Roy Wheeler Real Estate, will be getting the plat/deeds of records for you. If I can provide you with any further information please do not hesitate to call. Sincerely, _/ IG� Richard F. Edlich, M.D., Ph.D. Editor -in -Chief Journal of Long -Term Effects of Medical Implants 16155 NW Jenne Lake Ct. Beaverton, OR 97006 Telephone: 503-690-7912 Fax: 503-690-8302 Email: redlich9@attbi.com Editorial Office: 16155 NW Jenne Lake Ct., Beaverton, OR 97006 Tel.: (503) 690-7912, Fax.: (503) 690-8302, redlich9@attbi.com r.)0 Bqy ee lerJL�1e&lty ®v www.RoyWheeier.coin. Ednam Hall • 1100 Dryden Lane • Charlottesville, Virginia 22903 • (434) 979-9200 • FAX (434) 293-6527 July 31, 2002 Dear Ms. Bridges: Enclosed are the two plats Dr.Edlich requested that we supply you. One shows the entire 18 acre parcel they acquired when they purchased the property and the other the two acre parcel which was surveyed off the 18 acre tract. Please let me know if you need any additional information to assist with Dr. Edlich's request. You may reach me at 951-5101. Kind regards, Ann C. Adams Offering Piedmont Virginia's Finest Real Estate For Over Half A Century.