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Home My WebLink AboutLOD200300008 Letter of Determination 2003-06-26AL Gil COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 FAX (434) 972-4126 June 26, 2003 Brian S. Ray, L.S. Roger W. Ray & Assoc.,lnc 1717-1 B Allied Street Charlottesville, VA 22903 TELEPHONE (434) 296-5832 TTD (434) 972-4012 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 80, Parcel 73 (Property of Albert Jr. or Cindy Schornberg ) 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 80, Parcel 73 is comprised of two separate parcels. Parcel #1 is the residue of the 203.7 -acre tract shown on a plat recorded in Deed Book 111, page 88, containing approximately 166 acres. This parcel has five (5) theoretical development rights. Parcel #2 is the tract shown on a plat recorded in Deed Book 156, page 326, containing approximately 4.35 acres. This parcel has two (2) theoretical development rights. The location of these parcels is indicated on a plat by Roger W. Ray that is attached to this determination. The basis for this determination is summarized as follows. Our records. indicate Tax Map 80, Parcel 73 contains 170.38 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 2140, page 32. This. determination begins with Deed Book 328, page 371, dated November 16, 1956, by and between J.J. Burgess & Dorothy Burgess, parties of the first part and J.J. Burgess & Dorothy Burgess, parties of the second part. This is the same property that was conveyed to J.J. Burgess by a deed dated June 25, 1946. The deed conveyed two tracts or parcels of land described, in part, as follows. (1) On the road leading from Keswick to Boyd's Tavern, 203.7 acres, more or less, according to a plat by J.T.E. Simms, S.A.C., dated April 17, 1897 and recorded in Deed Book 111, page 88. I:\DEPT\BCZS\Determin of Parcel\80-73 Schornberg.doc Schoenberg June 26, 2003 Page 2 (2) 4 acres, 1 rood and 18 poles, more or less, according to a plat recorded in Deed Book 156, page 326. ( This parcel is estimated to contain 4.35 acres) Based on these separate descriptions, these tracts were two distinct parcels at the time of this conveyance. 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 636, page 387. This deed, dated November 7, 1977 conveyed 203.7 acres from Dorothy E. Burgess to Hans Olav Riddervold & Sigrid A. M. Riddervold. The land is further described on a plat of a survey by Morris Foster, C.L.S., dated November 1, 1977, that is attached to this deed. That plat calculates the total acreage of both parcels to be 203.7 acres. The property is further described as being in all respects the same property conveyed to J. J. Burgess and Dorothy Burgess by the deed dated November 16, 1956 that is recorded in Deed Book 328, page 371. On the basis of this deed, Tax Map 80, Parcel 73 is determined to be comprised of two separate parcels of record as provided in Section 10.3 of the zoning ordinance. It is noted that Deed Book 328, page 371 refers to two tracts; one containing 203.7 acres and the other containing approximately 4.35 acres, a total of approximately 208.05 acres. Morris Foster's plat recorded in Deed Book 636, page 387 shows both. parcels and determines the acreage to be 203.7 acres. Roger W. Ray's plat recorded in Deed Book 2140, page 34 shows both parcels and determines the acreage to be 203.63 acres. I have concluded that this discrepancy is explained as a coincidence. It is probable that the plat by J.T.E..Simms, S.A.C., dated April 17, 1897 and recorded in Deed Book 111, page 88 overstated the acreage of the larger tract by approximately 4.35 acres. Deed Book 1046, page 695, dated May 5, 1989, is between Hans Olav Riddervold & Sigrid A. M. Riddervold, as parties of the first part and parties of the second part. The deed conveyed a 75% undivided interest to Hans Olav Riddervold and a 25% undivided interest to Sigrid A. M. Riddervold, as tenants in common, in the property containing 203.7 acres shown on the plat by Morris Foster recorded in Deed Book 636, page 389. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Deed Book 1128, page 590, dated May 5, 1989, conveyed an additional 14% undivided interest in 203.7 acres from Hans Olav Riddervold to Sigrid A. M. Riddervold. The property is described as that shown on the plat by Morris Foster recorded in Deed Book 636,–page 389. Thfs conveyance h-ad-n-c-effect-on-the-devetopment-rights-or-status-as— separate parcels of record of the subject properties of this determination. I:\DEPT\BBCZS\Determin of Parcel\80-73 Schornberg.doc (7) Schoenberg June 26, 2003 Page 3 Deed Book 1140, page 18, dated February 7, 1991, conveyed an additional 11 % undivided interest in 203.7 acres from Hans Olav Riddervold to Sigrid A. M. Riddervold. The property is described as that shown on the plat by Morris Foster recorded in Deed Book 636, page 389. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Deed Book 1446, page 55, dated December 9, 1994, conveyed 203.7 acres from Hans Olav Riddervold and Sigrid A. M. Riddervold to the Riddervold Family Limited Liability Company. The property is described as that shown on the plat by Morris Foster recorded in Deed Book 636, page 389. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Deed Book 2140, page 32, dated December 20, 2001, conveyed 203.7 acres from the Riddervold Family Limited Liability Company to Albert Schornberg, Jr. & Cindy Schoenberg. The property is described as that shown on the plat by Morris Foster recorded in Deed Book 636, page 389. A boundary and physical survey of the property, shown to contain 203.63 acres, by Roger W. Ray and Assoc., Inc., dated January 4, 2002, is attached to the deed. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Deed Book 2243, page 394, dated July 22, 2002, conveyed 15.16'acres from Mark R. Wilson and Stephanie C. Wilson to Albert Schornberg, Jr. and Cindy Schornberg. The property is described on a plat by Roger W: Ray and Assoc., Inc., dated July 12, 2002. The plat shows, in part, a revised T.M. 81-11 H, comprised of Parcel X, a 33.25 -acre portion of T.M. 80-73 and the Western portion of T.M. 81-11 H that contained 15.16 acres. The plat also showed a boundary adjustment between T.M. 81-11 H & 11 J. No development rights were conveyed with either the 33.25 acre tract or the 15.16 acre tract. As a result of this transaction, the residue of Tax Map 80, Parcel 73 contains 170.38 acres. Based on this history, the 166 + or - acre portion of Parcel 73 contains five (5) development rights. The 4.35 + or - acre portion of Parcel 73 contains two (2) development rights. The development rights may be utilized 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 I:\DEPl1BCZS\Determin of Parcel\80-73 Schornberg.doc Schoenberg , June 26, 2003 Page 4 If you are aggrieved by this determination, you have aright 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. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department, Ella Cary, Clerk to Board of Supervisors Reading File Albert, Jr.. and Cindy Schoenberg 6131 Gordonsville Road Keswick, VA 22947 Nigal Bray 4785 Mechunk Road Keswick, VA 22947 I:\DEPMCMDetermin of Parcel\80-73 Schornberg.doc