HomeMy WebLinkAboutLOD200700011 Letter of Determination 2014-03-20 (2)pF AL
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�'IRGINIP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
july 5, 2007- July 16, 2007
Mr. Brian S. Ray
c/o Roger W. Ray & Assoc., Inc.
1717-1 B Allied Street
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF PARCELS- Tax Map 93, Parcels 1 & 4
(Property of Eastwind Properties .LLC) Section 10.3.1, Scottsville Magisterial
District
Dear Mr. Ray:
This is a corrected letter, which you should replace my letter of July 5, .2007 with. The
correction was to replace the Tax Map # "124" with "93" in the chart, for the last lots and
to add the magisterial district to the reference above. No other changes were made
affecting this determination. 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 93, Parcel 1 is three separate parcels with a
combined total of eight (8) development rights. Tax Map 93, Parcel 4 is three separate
parcels with combined total of four (4) development rights. The basis for this
determination is summarized as follows:
TM -Parcel, lots
Acreage
Development rights
T.M. 93 — 1, 1 S lot
7&116/160 ac.
3
T.M. 93-1, 2n lot
4&101/160 ac.
2
T.M. 93 — 1, 3rd lot
6 &103/160 ac.
3
T.M. 4-2493 — 4, 1S lot
2 ac.
1
T.0 4-2493 — 4, 2nlot
3/ ac.
.1
T.M. 42-493 — 4, 3r lot
4 ac.
.2
Total
1.2
Tax Map 93, Parcels 1 & 4
Our records indicate Tax Map 93, Parcel 1 contains 18.890 acres and no dwellings and
Tax Map 93, Parcel 4 contains 6.750 acres and no dwellings. The properties are not in
an Agricultural Forestal District. The most recent deed including these properties is
recorded in Deed Book 3346, page 389.
The most recent deed for the parcels, recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed .Book 581, page 463 and is dated
September 25, 1975. This deed conveyed an aggregate of .25 acres from Ellen V. Nash,
Special Commissioner, to Gaston G. & Mattie Lee Fornes. The property is described as
Albemarle County Tax Map 93, parcels 1 and 4, being the properties conveyed to Mattie
W. Curry by two separate deeds, the first, by deed dated March 20, 1930, of Lucy
Thomas, conveying 18+ acres, of record in Deed Book 208, page 404, and the second,
by deed of E. V. Walker, sole acting trustee, to Mattie W. Curry, dated November.20,
1948, of record in Deed Book 284, page 569 conveying 6 3/ acres of land, for the
aggregate of 25 acres,"to which deeds of reference is made for amore particular
description of the premises." The property is described in those deeds, with plat
references, as six separate lots. Based on this, the 25 -acres are determined to be
six (6) parcels of record with twelve (12) theoretical development rights as
outlined in the table above.
Deeds of trust and deeds of confirmation from September 20, 1996 (Deed Book 1568,
page 706), September 10, 1997 (Deed Book 1642, page 91) and October 10, 2000
(Deed Book 2037, page 673) all describe the same .25 .acres as it was described in the
September 25, 1975 conveyance above, Deed Book 581, page 463. These
transactions had no effect on the legal status or development rights of the
parcels.
Deed Book 3346, page 389, dated December 1, 2006, conveyed this same 25 acres,
among other parcels from Wachovia Bank as Trustee successor in interest of the
Gaston G. & Mattie Lee Fornes Revocable Trusts to Eastwind Properties, LLC. This
transaction had no effect on the legal status or development rights of the parcels.
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. In addition, the tracts may create as many parcels containing a
minimum of 21 acres as they have land to create.
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.
Sincere
V -Nr i
t
nald L. Higgins, AICP
Manager of Zoning Administration
Copies: Gay Carver, Real .Estate Department
Ella Carey, Clerk of the Board of Supervisors
Eastwind Properties, LLC