The URL can be used to link to this page

Home My WebLink AboutLOD200300025 Legacy Document 2014-10-15..... .... . . III' �r l �'IRGtN�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 November 24, 2003 Brian S. Ray 1717-1 B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 84, Parcel 62 (Property of Earl Raymond or Debra H. Hackett) 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 84, Parcel 62 is comprised of three separate parcels of record as they are described in Deed Book 613, page 504 and shown on the attached plat. (A) The parcel containing approximately 15 acres has five (5) development rights. (B) The parcel containing approximately 16 acres has five (5) development rights. (C) The parcel containing approximately 0.5 acres has one (1) development right. The basis for this determination is -summarized as follows. Our records indicate Tax Map 84, Parcel 62 contains 31.604 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 1906, page 1. 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 613, page 504: This deed, dated October 28, 1976, conveyed three tracts of land from Jesse L. Barksdale and Nina Anna Barksdale to Annie Josephine Craig. The tracts are described, in part, as follows: FIRST: All that certain tract or parcel containing 15 acres and being the same property conveyed by deed dated July 1, 1943 and recorded in Deed Book 257, page 311. SECOND: All that certain tract or parcel adjoining the tract hereinabove described and containing 16 acres, more or less, and being all of a tract of 22 1/2 acres and a tract of '/--acre-conveyed-by-a-deed-dated April 1 -2 -1 -93 -4 -and -recorded -in -Deed -Book -223,, pag IADEPT052S\Determin of Parcel\84-62 Hackett.doc Hackett November 24, 2003 Page 2 1, with the exception, however, of a 7 -acre parcel conveyed by deed dated January 20, 1954 and recorded in Deed Book 343, page 297. On the basis of this deed it is determined that Parcel 62 is comprised of three (3) separate parcels of record as provided in Section 10.3 of the zoning ordinance. Deed Book 861, page 509, dated November 26, 1985, conveyed a power line easement from Annie Josephine Craig to Central Virginia Electric Cooperative. This transaction had no effect on the status of the parcels or development rights. Deed Book 1256, page 216 contains a certificate of plat, dated February 12, 1992. It shows a revised boundary line between Parcels 62, 62A and 63. As a result of this revision, Parcel 62 increased by 0.355 acres. This plat had no effect on the status of the parcels or development rights. Deed Book 1906, page 1, dated March 31, 2000, conveyed 31.604 acres from Annie Josephine Craig to Earl Raymond Hackett and Debra H. Hackett. The parcel is more particularly described on a plat of survey by Jerry L. Sheffer and Associates, dated. March 15, 2000. The plat is made part of the deed. The land is further described as being the same real estate that was conveyed by the deed recorded in Deed Book 613, page 504. The plat includes broken lines that indicate the location of the three tracts.. that are referenced in Deed Book 613, page 504. There have been no off conveyances since this transaction. Based on this history, Tax Map 84, Parcel 62 is determined to be comprised of three (3) separate parcels; one containing 15 acres with five (5) development rights, one containing 16.364 and the other containing 6.25 acres with three (3) 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, one parcel containing a minimum of twenty-one acres may be created, if all other applicable regulations can be met. A chart showing the development potential of these parcels is enclosed. 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 1ADEPMCMDetermin of Parcel\84-62 Hackett.doc Hackett November 24, 2003 Page 3 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 $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, IA0414� John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department, Ella Cary, Clerk for Board of Supervisors Earl Raymond or Debra H. Hackett 2506 Craig's Store Road Afton Va 22920 Reading File I:\DEPTOCMDetermin of Parcel\84-62 Hackett.doc i coYya to IJ148,05 r ap Iv� op 19.12' A I�tl1 48-5515T 81.22' 81.22' 112--1 IT " �y 0 „F� 3+� 4n // , /f1 /%/,(/ .127• NI1•2J4Q$ 29.83' n NQJ•J7.01Y 28.40' M22-tdL 5.-' "E lISJJ' � 0 N appn7 �SA2� I' NJ4•5J54 C 229.41' rg N7.22'I2 6 47.61' A 1 �P4 I 0•�` B[9G / q N16•1JJ6 E 67.76• ' , . d � r o� G a9nc •. bttii S6l7.27' zv ' 68.76'8' / � /�� ' I N1J•4J J2T , , N26.1671 C N64..8J'1 •E O . rl OD a a H � y e ri Y r b b rl 574.56.7 E 2 A 14 A carr Lor I O O Z O O COVNTAY 510E SLIBdN6/pV OB.J76.P.441 B•� 9,* ]� �a f 4