Loading...
HomeMy WebLinkAboutLOD200200007 Legacy Document 2014-10-15April 18, 2002 David J. or Goldie Belle Feigert 2218 Garth Road Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS - Tax Map 43, Parcel 25E (Section 10.3) LETTER OF CORRECTION Dear Mr. and Mrs. Feigert: This letter replaces the determination dated April 4, 2002. This letter now assigns development rights unconditionally based on acreage calculations provided by Roger Ray, L.S. 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 Parcel 25E consists of two parcels. One parcel is the residue of the 64.3 acres conveyed in Deed Book 178, page 97. This parcel contains one theoretical development right. The other is the residue of the 22.3 acre tract conveyed in Deed Book 178, page 170. This parcel contains four (4) theoretical development rights. The basis for this determination is summarized below beginning with the conveyance described in Deed Book 267, page 101. Our records indicate Tax Map 43, Parcel 25E contains 25.17 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 1619, page 187. The most recent deed for this parcel prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 331, page 557. Deed Book 267, page 101, dated March 1, 1946 conveyed 86.6 acres from Charles C. Tennent and Adelaide P. Tennant to Thomas R. Shepherd and Kathleen Anne Kelly Shepherd. The property conveyed is described by metes and bounds on a plat by Hugh F. Simms and Son dated February 1946, hereto attached and made part of this deed, C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15473.doc T.M. 43, P. 25E April 18, 2002 Page 2 and being the same property which was conveyed to the said Charles C. Tennant by two deeds as follows: (1) By deed of William B. Murphy and wife, dated December 8, 1921, of record in Deed Book 178, page 97, conveying a tract of 64.3 acres, more or less; and (2) By deed of W.O. Watson and others, dated December 20, 1920, of record in Deed Book 178, page 170, conveying 22.3 acres, more or less. It is determined that the 64.3 acre tract and the 22.3 acre tract were separate parcels of record at the time of this conveyance. Deed Book 331, page 557, dated May 1, 1957 conveyed 59.86 acres from Thomas R Shepherd and Kathleen Anne Kelly Shepherd to W. H. Paine. The property conveyed is described as the entire remainder of the lands which were conveyed to the grantors by deed of Charles C. Tennant and wife dated March 1, 1946 and recorded in Deed Book 267, page 101, after the conveyance by the grantors of 14.6 acres and 2.64 acres to Gladys B. Wanner ( See Deed Book 310, page 125 and Deed Book 317, page 8), and 9.5 acres to Vincent Jamme (See Deed Book 315, page 121. The said deed of Tennant and wife contains a plat of the entire acreage thereby conveyed, and each of the conveyances off was made by reference to a plat attached to the deed. Reference is here made to said deeds and plats for a more particular description of the lands hereby conveyed. This is the most recent deed for this property prior to December 10, 1980, the date of adoption of the zoning ordinance. The three parcels divided from this tract referenced in this deed did nothing to combine the Murphy and Watson parcels. It is determined that this 59.86 acre property was comprised of two separate parcels of record: The 37.56 remainder of the parcel conveyed from Murphy to Tennant in Deed Book 178, page 97 and the 22.3 acre tract conveyed from Watson and others to Tennant in Deed Book 178, page 170. On the date of the adoption of the zoning ordinance, December 10, 1980 each of these tracts was entitled to five (5) development rights. Deed Book 709, page 284, dated December 29, 1980 and recorded on January 23, 1981 conveyed 25.17 acres from W. H. Paine to Ellen R. Barber. The property is shown on a plat by W. S. Roudabush dated November 3, 1980 attached to this deed. The property is described as being composed of portions of the property conveyed to W. H. Paine by deed of Thomas R. Shepherd and Kathleen Anne Kelly Shepherd on May 1, 1957 and recorded in Deed Book 331, page 557 and by deed of John L. Sanford and Elizabeth L. Sanford on October 20, 1955 and recorded in Deed Book 319, page 492. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15473.doc 2 T.M. 43, P. 25E April 18, 2002 Page 3 Parcel 25E was erroneously created by the recordation of this deed and plat in on January 23, 1981. The County did not approve that plat and therefore, it was not a legal combination or division of the prior existing parcels. The plat did not and could not assign development rights as required by the zoning ordinance adopted on December 10, 1980. This plat did not recognize the two separate parcels conveyed by Deed Book 331, page 557. Deed Book 903, page 251 contains a plat showing the subdivision of Wingate Farm by Gloeckner, Lincoln & Osborne, Inc. revised May 29, 1986 and approved on October 10, 1986. This was the property of Blue Ridge Land Trust being parcels 25, 26 & 27A of Tax Map 43. The plat divided this property into twelve parcels; two parcels containing 21 acres and ten parcels containing less than 21 acres. Development rights from particular parcels were not assigned to the new lots. However, the plat did carry the note, "No further subdivision without Planning Commission approval." It is assumed that the County approved this plat on the basis that Lots 1, 2, 4, 5 & 6 derived their development rights from Parcel 26 and Lots 7, 8, 9, 10 & 11 derived their development rights from Parcel 25. It is further assumed that Parcel 25E was considered to be a separate parcel of record with no connection with the creation of Wingate Farm Subdivision. The intent of the plat was to exhaust the development rights of Parcels 25 and 26. The result of the Wingate Farm plat, absent the finding that Parcel 25 originally consisted of two parcels, was to exhaust the development rights of Parcels 25, 26 and also Parcel 25E. However, the determination that Parcel 25 actually was comprised of two parcels on the date of the adoption of the ordinance means there are five additional development rights within the bounds of the 22.3 acres conveyed in Deed Book 178, page 170. Therefore it is determined that Lots 1, 2, 4, 5 & 6 derived their development rights from Parcel 26. Lots 7, 8, 9 & 10 derive their development rights from Parcel 25. Lot 11 derived its development right from the north portion of the 22.3 acre parcel conveyed in D.B. 178, p. 170, provided this area contains two acres. Four (4) development rights, depending upon the acreage, remain from the residue of the 22.3 acres, within Parcel 25E. The portion of the remainder of the 64.3 acres conveyed in Deed Book 178, page 97 within Parcel 25E retains the one (1) remaining development right from Parcel 25. There have been no off -conveyances since the recordation of this deed. Both of the parcels described above 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 parcels with which they are associated. These development C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15473.doc 3 T.M. 43, P. 25E April 18, 2002 Page 4 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 Manager of Zoning Administration Enclosure: Roger W, Ray 1717-1 B Allied Street Charlottesville, VA 22903 Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Yadira Amarante Reading Files C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15473.doc 4