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HomeMy WebLinkAboutLOD200300017 Legacy Document 2014-10-15`rRCIN1P 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 MEMORANDUM TO: Brian Scruby, Ches Goodall, Ella Carey, Gay Carver & Reading File FROM: John Shepherd DATE: March 11, 2004 RE: Brian Scruby Parcel Determination Please replace Page 4 of the letter dated March 5, 2004 with this corrected page that shows that the properties can create a total of three, NOT two 21 -acre parcels. I apologize for the confusion. Brian Scruby March 5, 2004 Page 4 The Grantors also conveyed to Ralph Edwin Scruby an undivided 51 % interest in the 56.889 acre tract. As a result of this transaction, TM 70-33A had 69.381 acres and 3 development rights. TM 69-39 had 25.318 acres and 5 development rights. TM 69-39A had 56.889 acres and 2 development rights. These 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 $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: McChesney Goodall, Coordinator of ACE Program Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files TM -P Acreage Division rights for 21 Development rights acre minimum parcels TM 54-72A 1.1 0 0 TM 55-14 43.510 1 * Corrected 5 TM 69-39A 56.889 2 2 TOTAL 106.255 3 7 iS Pule I Yq5 rct)1acel Corin -fed PLzfe �- I:\DEPT\BCZS\Deterrnin of Parce1\2003 ACE\54-72A etc Brian Scruby.doc of Ate��? I o=: I i '7 C _) vIRGIc11Pf 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 TfD (434) 972-4012 March 5, 2004 Brian G. Scruby P.O. Box 83 Greenwood VA 22943 CORRECTED LETTER RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 54, Parcel 72A, Tax Map 55, Parcel 14 and Tax Map 69, Parcel 39A (Property of Brian G. Scruby) Section 10.3.1 Dear Mr. Scruby: This official determination of development rights and parcels replaces the determination for these parcels that is dated January 20, 2004. This letter contains a correction on page 4. Tax Map 55, Parcel 14 has the potential to create five lots using development rights and one additional parcel containing at least 21 acres. 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 54, Parcel 72A is a special lot appurtenant to Parcel 14 created for the purpose of access. It has no development rights. Tax Map 55, Parcel 14 is a parcel of record with five (5) theoretical development rights. Tax Map 69, Parcel 39A is a parcel created in 1992 with two (2) theoretical development rights. The basis for this determination is summarized as follows: Tax Map 54, Parcel 72A Our records indicate Tax Map 54, Parcel 72A contains 1.100 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1868, page 598. Deed Book 1190, page 74, dated March 6, 1991, conveyed 1.1 acres from the Commonwealth of Virginia to F. Bradley Peyton, III, Brian G. Scruby, Ralph E. Scruby and Francis L. Scruby. The property is shown on the revised plans for Route 64 I:\DEPT\BCZS\Determin of Parce1\2003 ACE\54-72A etc Brian Scruby.doc Brian Scruby March 5, 2004 Page 2 between Station 1734+40 and Station 1739 + 70. The zoning ordinance in effect at the time of this transaction required that a new development lot in the Rural Areas meet certain requirements, including a minimum area of two acres, a building site, a development right assigned from a lot of record and County approval. This parcel meets none of these criteria. Rather, this transaction created this parcel as a special lot, for the express sole purpose of access for the southern portion of Parcel 14 to Route 690. This lot is in a class with well lots, cemetery lots and other special use lots created for a specific limited purpose. Deed Book 1868, page 598, dated October 20, 1999, conveyed 1.1 acres from Gertrude Breckenridge Peyton, Francis Bradley Peyton IV, Bayne P. Russel, Scott B. Peyton, individually and as Co -Executors of the Estate of F. Bradley Peyton III and as Trustees of the F. Bradley Peyton Trust to Brian Scruby. The land is the same as was conveyed by the deed in Deed Book 1190, page 74 and shown in the Highway Plat Book XI, page 238 for a further description. Based on the circumstances of the creation of this lot it is determined that Tax Map 54, Parcel 72A was established for the sole purpose of access to Route 690 and therefore, does not have a development right. Tax Map 55, Parcel 14 Our records indicate Tax Map 55, Parcel 14 contains 43.510 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 1219, page 707. Deed Book 135, page 149 contains an order, dated March 16, 1907 that partitions the land of Mrs. Julia B. Shirley in accord with her will. The land is shown to contain 162 acres, 2 roods and 37 poles on a survey by J. R. Furguson that is attached to the deed. The Court assigned Lot 2, containing 57- 50/160 acres to C. B. Shirley. This tract is now identified as T.M. 55-14. Deed Book 426, page 564, dated March 9, 1967, is a Certificate of a taking of 13.93 acres by the State Highway Commissioner from Clara G. Shirley. The taking was for the acquisition of right of way for Route 64. The land taken is described as Parcel A containing 13.69 acres and Parcel B containing 0.3 acres. Although the property was physically separated by Route 64 as a result of this transaction, it was not legally separated. This finding is based on the Virginia Supreme Court's decision in Chesterfield County vChesterfield County v. Stigall, 262 Va, 697 (2001). Stigall requires, at a minimum, that each lot separated by a public road must be identified on a recorded plat or legal description as a separate lot to qualify as a lot of record as defined in Section 10.3. Therefore, it is determined that Parcel 14 is a single parcel of record with five (5) development rights. I:\DEPT\BBCZS\Determin of Parce1\2003 ACE\54-72A etc Brian Scruby.doc Brian Scruby March 5, 2004 Page 3 Tax Map 69, Parcel 39A Our records indicate Tax Map 69, Parcel 39A contains 56.889 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1785, page 244. This analysis begins with Deed Book 210, page 588, dated October 15, 1930. This deed conveyed 7 3/4 acres from C. B. Shirley and Clara G. Shirley to Ben D. Showers. The parcel is shown on a plat that is attached to the deed. The 7.75 -acre tract now is comprised of Parcel 40 and 40A on Map 69. As a result of this off -conveyance, the original Parcel 39 is determined to have been divided into three separate tracts. The acreage of these tracts is not indicated in the deed. This is in accord with the determination by the Zoning Administrator, dated November 18, 1992, that Parcel 39 was then found to be two tracts as follows: The western parcel containing 25.318 acres and the eastern parcel containing 126.27 acres. The 7.75 -acre parcel is situated between these two tracts. It is on the basis of this deed that the: western portion of Parcel 39, now comprised of T.M. 69- 39A and T.M. 70— 33A, is determined to be a lot of record per section 10.3. Deed Book 1274, page 463 contains a Deed of Partition and Gift that is dated November 12, 1992. It is between Francis Shirley Scruby & Ralph Edwin Scruby, Brian Gray Scruby and Timothy Mark Scruby & Alice Rowe Scruby, Grantors and Grantees. The purpose of this deed is to divide the Grantors' proportional interest in a tract that contained 151.588 acres and was identified as Tax Map 69, Parcel 39 into clearly defined fee simple estates. The particular parcels described in this deed are shown on an attached plat by S. L. Key, dated November 12, 1992 and revised on November 24, 1992. The parcel is divided as follows: 94.699 acres were conveyed to Timothy Mark Scruby and Alice Rowe Scruby. The land is described as Parcel Y containing 69.381 acres (TM 70-33A) and Residue containing 25.318 acres (TM 69-39). The plat allocated 3 development rights to Parcel Y and noted that the residue retained 5 development rights. 56.889 acres were conveyed to Brian Gray Scruby. The land is described as Parcel X on S.L. Key's plat. (TM 69-39A) The plat allocated 2 development rights to Parcel X. The Grantors conveyed to Francis Shirley Scruby an undivided 43% interest in the 56.889 acre tract. 1ADEMBUS\Determin of Parce1\2003 ACE\54-72A etc Brian Scruby.doc Brian Scruby March 5, 2004 Page 4 The Grantors also conveyed to`Ralph Edwin Scruby an undivided 51 % interest in the 56.889 acre tract. As a result of this transaction, TM 70-33A had 69.381 acres and 3 development rights. TM 69-39 had 25.318 acres and 5 development rights. TM 69-39A had 56.889 acres and 2 development rights. These 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 $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: McChesney Goodall, Coordinator of ACE Program Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files TM -P Acreage Division rights for 21 acre minimum parcels Development rights TM 54-72A 1.1 0 0 TM 55-14 43.510 1 * Corrected 5 TM 69-39A 56.889 2 12 TOTAL 106.255 3* Corrected 7 I:\DEPIIBUS\Determin of Parce1\2003 ACE\54-72A etc Brian Scruby.doc (7) Brian Scruby March 5, 2004 Page 5 Enclosed: 1980 and 2002 Tax Maps Gift deeds that conveyed fractional ownership interests I:\DEPT\BCZS\Determin of Parcel\2003 ACE\54-72A etc Brian Scruby.doc These are deeds of gift that conveyed fractional interests in the referenced parcels. None of these transactions had any effect on the status of these parcels or their development rights. Deeds in file DB/p Date From To TM/P Percentage 1081 —335 11/20/89 Frances S. Ralph S. 54-.71 55-14 69-39 50% 1/6 25% 1219-700 2/7/92 Ralph S. Timothy & Alice 54-71 10% 1219-703 2/7/92 Frances S. Timothy & Alice 54-71 10% 1525-216 3/20/96 Frances & Ralph Timothy & Alice 54-71 7.5% 1081 —339 11/20/89 Ralph S. Brian 55-14 5% 1081 —348 11/20/89 Frances S. Brian 55-14 5% 1090-284 1/25/90 Ralph S. Brian 55-14 5% 1090-287 1/25/90 Frances + Ralph Brian 55-14 5% 1219-687 2/7/92 Ralph Brian 55-14 54 — 72A 2.67% 2.67% 1219- 690 2/7/92 Frances Brian 55-14 54 — 72A 2.67% 2.67% 1081 -342 11/20/89 Ralph S. Timothy & Alice 69-39 4% 1081 -345 11/20/89 Frances S. Timothy & Alice 69-39 4% 1090-290 1/25/90 Frances S. Timothy & Alice 69-39 4% 1219-694 2/7/92 Ralph S. Brian 69-39 1% 1219-697 2/7/92 Frances S. Brian 69-39 1 % 1785-244 1/27/99 Frances Brian 69-39 5.5% Deeds not in file but referenced in 1785/245 1274 —643 11/12/92 6% 1308-643 1/2/93 7.5 1308-652 1/2/93 7.5 1385-286 2/10/94 6% 1385 —289 2/10/94 6% 1458-318 3/9/95 6% 1458 —327 3/9/95 6% 1525-210 3/20/96 6% 1525-213 3/20/96 6% 1591-482 1/29/97 6% 1591-485 1/29/97 ?% 1672 —608 1/22/98 ?% 1672-611 1/22/98 6% WB 92 —167 13.5% I:\DEPT\BCZS\Determin of Parcel\2003 ACE\54-72A etc Brian Scruby.doc FAX (434) 972-4126 January 20, 2004 Brian G. Scruby P.O. Box 83 Greenwood VA 22943 %. ,. AILD�t �iRc�N�P COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (434) 296-5832 TTD (434) 972-4012 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 54, Parcel 72A, Tax Map 55, Parcel 14 and Tax Map 69, Parcel 39A (Property of Brian G. Scruby) Section 10.3.1 Dear Mr. Scruby: 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 54, Parcel 72A is a special lot appurtenant to Parcel 14 created for the purpose of access. It has no development rights. Tax Map 55, Parcel 14 is a parcel of record with five (5) theoretical development rights. Tax Map 69, Parcel 39A is a parcel created in 1992 with two (2) theoretical development rights. The basis for this determination is summarized as follows: Tax Map 54, Parcel 72A Our records indicate Tax Map 54, Parcel 72A contains 1.100 acres and. no dwellings The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1868, page 598. Deed Book 1190, page 74, dated March 6, 1991, conveyed 1.1 acres from. the Commonwealth of Virginia to F. Bradley Peyton, III, Brian G. Scruby, Ralph E. Scruby and Francis L. Scruby. The property is shown on the revised plans for Route 64 between Station 1734+40 and Station 1739 + 70. The zoning ordinance in effect at the time of this transaction required that a new development lot in the Rural Areas meet certain requirements, including a minimum area of two acres, a building site, a development right assigned from a lot of record and County approval. This parcel meets none of these criteria. Rather, this transaction created this parcel as a special lot, for the express sole purpose of access for the southern portion of Parcel 14 to Route 690. This lot is in a class with well lots, cemetery lots and other special use lots created for a specific limited purpose. I:\DEPT\BCZS\Determin of Parcel\2003 ACE\54.72A etc Brian Scruby.doc Brian Scruby January 20, 2004 Page 2 Deed Book 1868, page 598, dated October 20, 1999, conveyed 1.1 acres from Gertrude Breckenridge Peyton, Francis Bradley Peyton IV, Bayne P. Russel, Scott B. Peyton, individually and as Co -Executors of the Estate of F. Bradley Peyton III and as Trustees of the F. Bradley Peyton Trust to Brian Scruby. The land is the same as was conveyed by the deed in Deed Book 1190, page 74 and shown in the Highway Plat Book XI, page 238 for a further description. Based on the circumstances of the creation of this lot it is determined that Tax Map 54, Parcel 72A was established for the sole purpose of access to Route 690 and therefore, does not have a development right. Tax Map 55, Parcel 14 Our records indicate Tax Map 55, Parcel 14 contains 43.510 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 1219, page 707. Deed Book 135, page 149 contains an order, dated March 16, 1907 that partitions the land of Mrs. Julia B. Shirley in accord with her will. The land is shown to contain 162 acres, 2 roods and 37 poles on a survey by J. R. Furguson that is attached to the deed. The Court assigned Lot 2, containing 57- 50/160 acres to C. B. Shirley. This tract is now identified as T.M. 55-14. Deed Book 426, page 564, dated March 9, 1967, is a Certificate of a taking of 13.93 acres by the State Highway Commissioner from Clara G. Shirley. The taking was for the acquisition of right of way for Route 64. The land taken is described as Parcel A containing 13.69 acres and Parcel B containing 0.3 acres. Although the property was physically separated by Route 64 as a result of this transaction, it was not legally separated. --This finding is based-ontheVirginia Supreme Court's decision -in - Chesterfield County v. Stigall, 262 Va, 697 (2001). Stigall requires, at a minimum, that each lot separated by a public road must be identified on a recorded plat or legal description as a separate lot to qualify as a lot of record as defined in Section 10.3. Therefore, it is determined that Parcel 14 is a single parcel of record with five (5) development rights. Tax Map 69, Parcel 39A Our records indicate Tax Map 69, Parcel 39A contains 56.889 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1785, page 244. I:\DEPT\BCZS\Determin of Parce1\2003 ACE\54-72A etc Brian Scruby.doc f Brian Scruby January 20, 2004 Page 3 This analysis begins with Deed Book 210, page 588, dated October 15, 1930. This deed conveyed 7 3/4 acres from C. B. Shirley and Clara G. Shirley to Ben D. Showers. The parcel is shown on a plat that is attached to the deed. The 7.75 -acre tract now is comprised of Parcel 40 and 40A on Map 69. As a result of this off -conveyance, the original Parcel 39 is determined to have been divided into three separate tracts. The acreage of these tracts is not indicated in the deed. This is in accord with the determination by the Zoning Administrator, dated November 18, 1992, that Parcel 39 was then found to be two tracts as follows: The western parcel containing 25.318 acres and the eastern parcel containing 126.27 acres. The 7.75 -acre parcel is situated between these two tracts. It is on the basis of this deed that the western portion of Parcel 39, now comprised of T.M. 69- 39A and T.M. 70— 33A, is determined to be a lot of record per section 10.3. Deed Book 1274, page 463 contains a Deed of Partition and Gift that is dated November 12, 1992. It is between Francis Shirley Scruby & Ralph Edwin Scruby, Briar Gray Scruby and Timothy Mark Scruby & Alice Rowe Scruby, Grantors and Grantees. The purpose of this deed is to divide the Grantors' proportional interest in a tract that contained 151.588 acres and was identified as Tax Map 69, Parcel 39 into clearly defined fee simple estates. The particular parcels described in this deed are shown on an attached plat by S. L. Key, dated November 12, 1992 and revised on November 24, 1992. The parcel is divided as follows: 94.699 acres were conveyed to Timothy Mark Scruby and Alice Rowe Scruby. The land is described as Parcel Y containing 69.381 acres (TM -:70-33A) and Residue containing 25.318 acres (TM 69-39). The plat allocated 3 development rights to Parcel Y and noted that the residue retained 5 development rights. 56.889 acres were conveyed to Brian Gray Scruby. The land is described as Parcel X on S.L. Key's plat. (TM 69-39A) The plat allocated 2 development rights to Parcel X. The Grantors conveyed to Francis Shirley Scruby an undivided 43% interest in the 56.889 acre tract. The Grantors also conveyed to Ralph Edwin Scruby an undivided 51 % interest in the 56.889 acre tract. As a result of this transaction, TM 70-33A had 69.381 acres and 3 development rights. TM 69-39 had 25.318 acres and 5 development rights. TM 69-39A had 56.889 acres and 2 development rights. 1ADEPnBCMDetermin of Parce1\2003 ACE\54-72A etc Brian Scruby.doc Brian Scruby January 20, 2004 Page 4 These 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 $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: McChesney Goodall, Coordinator of ACE Program Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files TM -P Acreage Division rights for 21 acre minimum parcels Development rights TM 54-72A 1.1 0 0 TM 55-14 43.510 0 5 TM 69-39A 56.889 2 12 TOTAL 106.255 2 17 Enclosed: 1980 and 2002 Tax Maps Gift deeds that conveyed fractional ownership interests 1ADEMBUSTetermin of Parce1\2003 ACE\54-72A etc Brian Scruby.doc These are deeds of gift that conveyed fractional interests in the referenced parcels. None of these transactions had any effect on the status of these parcels or their development rights. Deeds in file DB/p Date From To TM/P Percentage 1081-335 11/20/89 Frances S. Ralph S. 54-71 55-14 69-39 50% 1/6 25% 1219-700 2/7/92 Ralph S. Timothy & Alice 54-71 10% 1219-703 2/7/92 Frances S. Timothy & Alice 54-71 10% 1525-216 3/20/96 Frances & Ralph Timothy & Alice 54-71 7.5% 1081 —339 11 /20/89 Ralph S. Brian 55-14 5% 1081-348 11/20/89 Frances S. Brian 55-14 5% 1090-284 1/25/90 Ralph S. Brian 55-14 5% 1090-287 1/25/90 Frances + Ralph Brian 55-14 5% 1219-687 2/7/92 Ralph Brian 55-14 54 — 72A 2.67% 2.67% 1219- 690 2/7/92 Frances Brian 55-14 54 — 72A 2.67% 2.67% 1081 -342 11/20/89 Ralph S. Timothy & Alice 69-39 4% 1081 -345 11/20/89 Frances S. Timothy & Alice 69-39 4% 1090 —290 1/25/90 Frances S. Timothy & Alice 69-39 4% 1219-694 2/7/92 Ralph S. Brian 69-39 1% 1219-697 2/7/92 Frances S. Brian 69-39 1% 1785 —244 1/27/99 Frances Brian 69-39 5.5% Deeds not in file but referenced in 1785/245 1274-643 11/12/92 _ 6% 1308-643 1/2/93 7.5 1308-652 1/2/93 7.5 1385-286 2/10/94 6% 1385-289 2/10/94 6% 1458-318 3/9/95 6% 1458-327 3/9/95 6% 1525-210 3/20/96 6% 1525-213 3/20/96 6% 1591 —482 1/29/97 6% 1591-485 1/29/97 ?% 1672-608 1/22/98 ?% 1672-611 1/22/98 6% WB 92 —167 13.5% I:\DEPT\BCZS\Determin of Parcel\2003 ACE\54-72A etc Brian Scruby.doc