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Home My WebLink AboutLOD200200006 Legacy Document 2014-10-15i f I AL `IRGLN�P COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 FAX (434) 972-4126 March 15, 2002 Roger W. Ray Roger W. Ray & Assoc., Inc. 1717-1 B Allied Street Charlottesville, VA 22903 TELEPHONE (434) 296-5832 TTD (434) 972-4012 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 8, Parcel 15C (Property of Charles Pryce Ancona) Section 10.3.1 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 8, Parcel 15C is comprised of two (2) separate parcels. The westerly parcel, containing approximately 17.5 acres has five (5) theoretical development rights. The easterly parcel, containing approximately 5.5 acres has two (2) development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 8, Parcel 15C contains 23.01 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 1919, page 423. The most recent deeds for this parcel prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) are recorded in Deed Book 258, page 30 and Deed Book 389, page 363. -D I eed Book 257, page 509, dated August 21, 1943 conveyed an aggregate of some 291 acres from Lelia S. Miller to Eugene A. Maupin. The property included a 219.25 acre tract designated as Lot #2 on a plat made by M. M. Van Doren and recorded in Deed Book 182, page 12. The area of Lot #2 located on the southwest side of Free Union Road is the easterly portion of what is now identified as Parcel 15C. Deed Book 258, page 30, dated September 7, 1943 conveyed 24 5/10 acres from Bessie Dunn Miller and R. H. Miller616/100acres shown on the plat made by M u�M Van d as part of Lot #1, containing 14 Doren recorded in Deed -Book 182, page 17. The 24 5/10 acre tract is shown on a plat IADEFRBuilding & Zoning\Determin of Parcel\8-15C Ancona.doc Ancona Determination March 15, 2002 Page 2 by Hugh F. Simms attached to D.B. 258, p. 30. This is the portion of Lot #1 located on the southwest side of Free Union Road. This parcel is the easterly portion of what is now identified as Parcel 15C. It is determined that on the basis of Deed Book 258, page 30 this 24 5/10 acre tract is a lot of record per section 10.3 of the zoning ordinance. Deed Book 389, page 363, dated July 1, 1963 conveyed 408.1 acres from Eugene A. Maupin & Clara L. Maupin to J. Howard Staley & Johanna M. Staley. This property is shown on a plat by T. W. Saunders dated June 12, 13 & 14, 1963. This plat divides the property shown as Lot #2 on the plat by M. M. VanDoren along Free Union Road. The area of Lot #2 on the southwest side of Free Union Road is the easterly portion of what is now identified as Parcel 15C. It is determined that on the basis of Deed Book 389, page 363 the residue of Lot #2 is a lot of record per section 10.3 of the zoning ordinance. Deed Book 1065, page 698, dated August 2, 1989 conveyed .629 acres from Clara L. Maupin, Eugenia M. Herrell and Marjorie M. Paul, Executors and/or Trustees under the will of Eugene A. Maupin to the Commonwealth of Virginia. This was for improvements to Route 601. Deed Book 1079, page 94, dated October 18, 1989 conveyed three tracts from Eugenia M. Herrell and Marjorie M. Paul, Executors and/or Trustees under the will of Eugene A. Maupin to Eugenia M. Herrell and Marjorie M. Paul. One of the tracts was identified as Parcel One and was described as containing 24.5 acres. The description further references the deed and plat recorded in Deed Book 258, page 30. Reference to the residue of Lot #2 located on the southwest side of Free Union Road is omitted in error. Deed Book 1919, page 418 is a Deed of Correction dated May 1, 2000. It conveyed property described as four rather than three tracts from Eugenia M. Herrell and Marjorie M. Paul, Executors and/or Trustees under the will of Eugene A. Maupin to Eugenia M. Herrell and Marjorie M. Paul. This corrected deed includes.two tracts relevant to this determination; Parcel One and Parcel Four. Parcel One is described as containing 24.5 acres according to the plat by Hugh M. Simms recorded in Deed Book 258, page 31 LESS AND EXCEPT that portion of the aforesaid acreage lying northeast of State Route 601, conveyed in Deed Book 389, page 363. This property is also referred to on Albemarle Tax Map 8 as Parcel 15C. IADEPT\Building & Zoning\Determin of Parcel\8-15C Ancona.doc Ancona Determination March 15, 2002 Page 3 Parcel Four is described as that portion of Lot #2 on the southwest side of State Route 601, as shown on a plat by M. M. VanDoren recorded in D.B.182, p. 17. Deed .Book 1919, page 423, dated May 5, 2000 conveyed two parcels of land from Eugenia M. Herrell and Marjorie M. Paul to Charles Pryce Ancona. The parcels were the same as those described above as Parcel One and Parcel Four, recorded in Deed Book 258, page 31 and Deed Book 389, page 363. Deed Book 2132, page 615 contains a plat by Roger Ray and Assoc., Inc. dated July 19, 2000. It shows Tax Map 8, Parcel 15C with 23.01 acres. The plat identifies the boundary between the parcel described in Deed Book 258, page 31 and the parcel identified in Deed Book 182, page 17. There have been no off -conveyances since the recordation of this deed. Based on this history, this property is determined to contain two separate parcels, each with a full compliment of development rights. The parcels are entitled to the noted 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 $95. 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 Man8ger of Zoning Administration Copies: Charles Pryce Ancona P.O. Box 237 Free Union, VA 22940 I:\DEMBuilding & Zoning\Determin of Parcel\8-15C Ancona.doc i Ancona Determination March 15, 2002 Page 4 Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files IADEPT\Building & Zoning\Determin of Parcel\8-15C Ancona.doc Brian S. Ray, LS J. Andrew Graff, LS Roger W. Ray, LS ROGER W. RAY & ASSOC., INC. 1717-1B ALLIED STREET CHARLOTTESVILLE, VA 22903 TELEPHONE: 434-293-3195 FAX: 434-293=4202 E-MAIL: RWRINC@AOL.COM January 24, 2002 John Shepherd Albemarle County Zoning Department 401 McIntire Road, Charlottesville, VA 22902 Dear Mr. Shepherd: Land Surveyors Land Planners We believe that Tax Map 8 Parcel 15C is comprised of two (2) parcels. The westerly parcel contains approximately 17.5 acres and the easterly parcel contains approximately 5.5 acres. If you need any additional information, please do not hesitate to call. Respectfully, Roger W. Ray, LS ROGER W. RAY & ASSOC. INC -.-- 1717-1 B ALLIED STREET CHARLOTTESVILLE, VIRGINIA 22903 TELEPHONE: (434) 293-3195 FAX NUMBER: (434) 293-4202 E-MAIL: RWRINC@AOL.COM Brian S. Ray, LS J. Andrew Graff, LS Roger W. Ray, LS John Shepherd Albemarle County Zoning Department 401 McIntire Road Charlottesville, Virginia 22903 Dear Mr. Shepherd: Please find enclosed the following: 1. A letter explaining the assumed number of parcels. Land Surveyors Land Planners January 24, 2002 2. An application for REQUEST FOR DETERMINATION PARCEL OF RECORD/DIVISION RIGHTS and a check in the amount of $60.00 3. Submittal requirements: A. Item #1: A copy of Tax Map Section 8, Parcel 15C B. Item #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. C. Item #3: All plats and/or deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. Our client has requested your review and determination of this information at your earliest convenience. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to call. Respectfully, Ro er W Ra LS 9 Y� ALBEMARLE COUNTY IA 1 eB s20 - 2 ':A / 20 /. 23 ! - 3A1 - / $4 O 27 IN GRCINE Y f ZaA i• Rivir \ �� / . 4 I25 22 71 4 26 30 3 xlA 29e I A, NO TON I 32A 33 \3011 j 4 6 351 "33A n: 7 ' �\ 33C 33f 330\ JLI S lI \ \\ 6, 36 ` 33n 548 3381 \ � \ 36A 1 ' \ 340( 330 B \ 350 34D / J \ 338 33 \ 34 9 /33C9 19 39A 39A1211�5N a a \ o � 34A 39 39C B ]9e �3ft 3S/ 'y/./, %ioA �\ 20 �j 3� �S 7511' 40 37 3,_(, 42 h 41 44 !•13 11 I !� 47A 1 / ' 4� �C .48 /� tf IB 46 i3e . 45 i 454 \ q t J�\ 15 RL 671 a i 1381 �s 0 � 17 ^ •P �\ �� IBA \ 38G 17A/ 52 481) 1 ITS 6c 17C 50 mo 1y ^�� SCE • 00 n :70 50A BI + 55 14 i " 1 . ar 1 4P:!518 SCALE �H FEE' 17 WHITE. HALL DISTRICT SECTION 8 i REQUEST FOR DETERMINATION PARCEL OF RECORD/DIVISION RIGHTS OF' Al �lr Parcel of Record $60.00 Pot W41 .FILE #:-ao�a-��a� Division Rights $30.00 1 yiv53 ADMIN (WAIVED) NON -ADMIN DATE: OWNr Name: Addres Phone: APPLICANT. _ Name: Address: Phone: CONT,A nm UUiD Qr%Xr. Name: Address Phone: TAX MAP: , PARCEL(S):.- LOCATION• ::;g�/ ACREAGE:(TOTAL) NUMBER OF.PARCELS: SUBMITTAL REQUIREMENTS: 1. Tax—Map page. ,5-e M 715 ZONED: 14� (EACH PARCEL) ct 5 . 1), � (0° ti , _Pr L-71 Z001 Next sU/We X � 2 3 , ° 1 a,cA94� 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." ail f Signature Date