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Home My WebLink AboutLOD201400022 Legacy Document 2015-01-26COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 26, 2015 John W Shanklin Jr. 4274 Deanna Lane Schuyler VA 22969 RE: LOD2014-00022 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 119, Parcel 15 and Tax Map 119, Parcel 17 (Property of JOHN W SHANKLIN JR) Samuel Miller Magisterial District Dear Mr. Shanklin: 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 119, Parcel 15 is comprised of four (4) parcels of record, three with five (5) theoretical development rights, and one with one (1) theoreticaldevelopment right and Tax Map 119, Parcel 17 is comprised of two (2) parcels of record, one with two (2) theoretical development rights and one with three (3) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 119 Parcel 15 contains 95.06 acres and one (1) dwelling, and Tax Map 119 Parcel 17 contains 12.78 acres and one (1) dwelling. The properties are zoned RA, Rural Areas. The most recent deed for Tax Map 119 Parcel 15, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 495, page 549 dated October 16, 1971, and for Tax Map 119 Parcel 17, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 487, page 209 dated April 30, 1971. PRIOR TO DECEMBER 10, 1980 TMP 119-15 — (59.9ac) Deed Date Parcel Change Description Acres Book / Pae Y or N 247/236 06/12/1940 Y Being all of a certain tract of 286 acres acquired by John Martin in DB 100 P 4, SAVE AND EXCEPT the following off conveyances... (see deed for off conveyances) No acreage is 011ie Martin acquired the remaining interest in the residue of described the 286 acres which is further described as three parcels. There is no acreage assigned to these three parcels. 420/286 07/30/1966 N All those two contiguous tracts of land, containing 35 acres, 59.90 more or less, and 59 9/10ths acres, more or less, acres respectively. Said tracts are portions of a tract of 286 acres, more or less. 495/549, 10/16/1971 N All those two certain contiguous tracts of Land, containing 35 59.90 acres, more or less, and 59.9 acres, more or less, acres respectively, and being in all respects the same property conveyed in D.B 420, page 286. January 26, 2015 LOD-2014-00022 Page 2 of 5 PRIOR TO DECEMBER 10, 1980 TMP 119-15 — (35ac) Deed Date Parcel Change Description Acres Book / Pae Y or N 209/471 08/02/1930 Y All that certain tract or parcel of land, containing some thirty- 35.00 five acres, more or less, bounded as heretofore set out and acres being a portion of real estate which was conveyed to John D. Martin in DB 100 P 4. 420/286 07/30/1966 N All those two contiguous tracts of land, containing 35 acres, 35.00 more or less, and 59 9/10ths acres, more or less, respectively. acres Said tracts are portions of a tract of 286 acres, more or less. As conveyed in D.B 209, page 471. 495/549 10/16/1971 N All those two certain contiguous tracts of land, containing 35 35.00 acres, more or less, and 59.9 acres, more or less, respectively, acres and being in all respects the same property conveyed in D.B 420, page 286. PRIOR TO DECEMBER 10, 1980 TMP 119-17 — (16.25ac) Deed Date Parcel Change Description Acres Book / Pae Y or N 193/433 10/05/1925 Y All of that certain tract or parcel of land, laid down and designated as Lots Nos 1 and 2 on plat attached hereto, 16.25 containing in the aggregate sixteen and one-fourth (16 1/4) acre, more or less, being a portion of the real estate conveyed in DB 100 P4. The attached plat does not assign acreages to the two lots. The parcel was surveyed in December of 2008 and a new plat recorded in 2009. The entire property was surveyed at 12.78 acres. See explanation below under AFTER DECEMBER 10, 1980 for TMP 119-17 for an approximate number of acres in each lot. A more recent survey of the parcel would reveal correct acreages. 340/393 05/29/1958 N ..., the following described tracts of land: (1) A certain tract of land containing 42-5/10 acres... in D.B 16.25 253, page 67. (2) All that certain lot of land, containing 6 acres, more or less, as conveyed in D.B 245, page 333. (3) Those two lots designated as Lots 1 and 2 on a plat of W. Washabaugh, Surveyor, bearing date September 4, 1924 containing 16'/4 acres more or less, in D.B 193, page 433. 487/209 04/30/1971 N All those two adjoining parcels of real estate as described in paragraphs (2) and (3) in DB 340 P 393 and more particularly 16.25 described as follows: (1) All that certain lot of land, containing 6 acres, more or less, as conveyed in D.B 245, page 333. (2) Those two certain lots designated as Lots 1 and 2 on a plat of W. Washabaugh, Surveyor, bearing date September 4, 1924 containing 16'/4 acres more or less, in D.B 193, page 433. January 26, 2015 LO D-2014-00022 Page 3 of 5 AFTER DECEMBER 10, 1980 TMP 119-15 — (95.06ac) Deed Book / Page Date Parcel Change YorN Description Acres Development Rights 723/658 08/01/1981 N All those two certain contiguous tracts of land containing 35 acres, more or less, and 59.9 12.78 acres, more or less, and being in all respects by the same property conveyed in D.B 495, page survey 549. It is determined that there are four Approx. separate parcels that make up Tax 5.29ac 2 Map 119 Parcel 15. The first, a 35 35+/- 5 acre parcel described in DB 193 P Approx. 433, the second, third and fourth 23+/- 5 parcels are described in DB 247 P 236 as being the residue of the 286 acres 11+/- 5 from DB 100 P 4 but no acreage is assigned to them. The acreages (23, ??ac 1 11 and ??) identified at the right are approximate using the GIS area tool and are not exact acreages for these parcels. 3791 /305 08/28/2009 Y Recordation of a certificate of plat showing a boundary line adjustment that shows a revised 35+/- 5 acreage of 95.06 acres for Parcel 15. 23+/- 5 The 95.06 acres is not a full survey of the entire parcel but a composite of the 11+/- 5 numbers in the deed description and the addition of smaller pieces of ??ac 1 adjacent land. AFTER DECEMBER 10, 1980 TMP 119-17 — (12.78ac) Deed Book / Page Date Parcel Change YorN Description Acres Development Rights 3791 /305 08/28/2009 Y Recordation of a certificate of plat showing a boundary line adjustment that shows a revised 12.78 acreage of 12.78 acres for Parcel 17. by survey Using the current survey of the 12.78 acres and the property line distances Approx. from the plat recorded in DB 193 P 434 5.29ac 2 it is estimated that Lot 1 contains 5.29 acres and by subtraction from the Approx. 12.78 acres Lot 2 would contain 7.49 7.49ac 3 acres. These are approximations and a revised survey would determine exact acreages for Lot 1 and 2. January 26, 2015 LO D-2014-00022 Page 4 of 5 On the basis of these deeds As of December 10, 1980, Tax Map 119, Parcel 15 is determined to be four (4) parcels of record, one comprised of approximately 35 acres+'containing 5 development rights; one comprised of approximately 23 acres"-, containing 5 development rights; one comprised of approximately 11 acres" containing 5 development rights; and one comprised of an unknown number of acres but described as a small triangular lot of land, containing at least 1 development right; and Tax Map 119, Parcel 17 is determined to be two (2) parcels of record, one known as Lot 1 comprised of approximately 5.29 acres+'-, containing 2 development rights and one known as Lot 2 comprised of approximately 7.49 acres+'containing 3 development rights. The parcels 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 parcel with which they are associated. 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 (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) January 26, 2015 LOD-2014-00022 Page 5 of 5 If you have any questions, please contact me. Sincerel Francis H. MacCall Principal Planner Attachment: Map delineating parcels of record. Copy: Sheila L. Conrad, Real Estate Tech, Real Estate Ella Jordan, Clerk of the Board of Supervisors TM -P Acreage Division rights for 21 acre minimum parcels Development rights 119-15 Approx 11+/- 0 5 119-15 Approx 35+/- 1 5 119-15 Approx 23+/- 0 5 119-15 Unknown # 0 1 119-17 Approx 5.29 0 2 119-17 Approx 7.49 0 3 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 20, 2015 LOD 2014-22 Shanklin - ACE 7040 7108 Legend 119-20 (Note: Some items on map may not appear in legend) cp�� ■asre, 119-22 o AaPoa, o P�aeREs��RESCU E s—ON H Ho°sPi;uE" JWLA ®P'o"Es ® P�,oPnAE � 44155 P.—N 119-22A 119-19 1 119-18A 119-18 119-17 409,7 c, r 119-57 717 119-13 p 4274 SH�EPN�CK ��tP d� 119-56 119-15 CO -y -_x, ' z 119-16 4335 r� -5� a 119-56D 127-1 450 ft GIS -Web Geographic Data Services rJfl 127-35 www.albemarle.org (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 20, 2015