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HomeMy WebLinkAboutLOD200200004 Letter of Determinationof ItF o1N�P 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 January 6, 2003 Gate Pratt, Limehouse Architects L.C. 946 Grady Avenue #27 Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 79, Parcel 12A (Property of Ray A. Graham III) Section 10.3.1 Dear Mr. Pratt: 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 79, Parcel 12A is a single parcel of record, with five (5) development rights. The basis for this determination is summarized as follows. Our records indicate Tax Map 79, Parcel 12A contains 591.88 acres and one dwelling. The property not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1044, page 210. The most recent instrument for this parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 375, page 200. This deed, dated January.5, 1962, conveyed 591.88 acres from William H. Gregory and Eleanor D. Gregory to Ray A. Graham, Ill. The deed describes the property as, "all that certain tract or parcel of land situated in the Rivanna Magisterial District of Albemarle County, Virginia, on the northwesterly side of State Route 22, containing 591.88 acres, more or less, bounded according to plat made by William S. Roudabush, Jr., and Associates, hereto attached and recorded with this deed, being the remainder of the land conveyed by Deed Book 349, page 287, after the following conveyances off; D.B. 352, p. 156, 16.85 acres; D.B. 352, p. 444, 6.72 acres; and DB.361, p. 62, 7.65 acres." The plat, dated November, 1961, is titled, "Composite Map of 591.88 +/- Acres." The plat depicts Parcel 12A as a single lot, showing the perimeter metes and bounds of the property, but not showing any former internal parcel boundaries. The plat contains a note stating that the map was prepared from plats of record including the three above referenced deeds as well as the plat recorded in Deed Book 340, page 599. IADEPT\Building & Zoning\Determin of Parcel\79-12A Graham.doc Gate Pratt January 6, 2003 Page 2 On the basis of this deed and plat, it is determined that Parcel 12A is a single lot of record as provided in Section 10.3.1. This deed and the attached composite plat described and conveyed the property as a single parcel of land. The property has been held and treated as such since this conveyance. Deed Book 780, page 175, dated September 7, 1983 conveyed 328 square feet from Ray A. Graham, III to Archibald Craige. The property is shown on a plat by Morris Foster dated June 12, 1974. This reduction in area of Parcel 12A has not been reflected in the County real estate records. The most recent instrument recorded for this property is in Deed Book 1044, page 210. This is a Certificate of Plat made by Ray A. Graham, III dated April 6, 1989. The attached plat by William Roudabush is dated September, 1981. The plat is a revision of the November, 1961 plat recorded in Deed Book 340, pages 599 & 600 and is identified as a composite map of 591.88+/- acres. The certificate notes that the plat describes all of the same tract or parcel of land purchased by the landowner from William H. Gregory and Eleanor D. Gregory by Deed dated January 5, 1962 and recorded in Deed Book 375, page 200. There have been no off conveyances since this date. Based on this history, Tax Map 79, Parcel 12A is determined to be a parcel of record with five (5) 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. In addition to the development right lots, as many parcels containing a minimum of twenty-one acres may be created as the property can support, if all other applicable regulations can be met 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 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, John Shepherd Manager of Zoning Administra n IADEFRBuilding & ZoningTetermin of Parcel\79-12A Graham.doc Gate Pratt January 6, 2003 Page 3 Copies: Ray A. Graham, III P.O. Box 5 Keswick, VA 22947 Gay Carver, Real Estate Supervisor Ella Washington -Cary, Clerk to the Board of Supervisors Reading File I:\DEP-Muilding & Zoning\Determin of Parcel\79-12A Graham.doc REQUEST FOR DETE-VjLiNATION PARCEL; OF RE6JRD/DIVISION RIGHTS pF ALR �r FILE #: a Cud °� m ADMIN (WAIVED) NON -ADMIN q _ DATE:// Parcel of Record $60.00 Division Rights $30.00 16552 - OWNER: Name: RA' `( A . &-P'A HAM 1 I 1 Address: 2.q g3q F-0 &F -HILI, ore -iv E , P. 0• 2nc�x 44.5 K66W ICK. V-, zz�1 3 Phone: x-34 Z4.4 • -7-+ 8.3 APPLICANT: Name: GATE pRAT-r l-) M- I -+-oust✓ AR &H I Tr --C J -S L G Address: GR.drD LK e �Z� 1 G-)t=�RL-oT c-sviL-tx VA 22-903 Phone: 434 2�i 3 CONTACT PERSON: Name: 4 A tXA A As �nPL•�iC.� ti r Address: Phone TAX MAP: , PARCEL(S): 12'A ZONED: (2 A - LOCATION: E1)&F—Wl11. r-AR.M RT 2512E (5tFirQvVr,1.1r- WIC<) ACREAGE: 5q I • 097 (TOTAL) (EACH PARCEL) NUMBER OF PARCELS: SUBMITTAL REQUIREMENTS: 1. Tax Map page. 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 Signature Date