Loading...
HomeMy WebLinkAboutLOD200700021 Letter of Determination 2014-03-20COUNTY OF ALBEMARLE Department of Community Development ,. 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 1, 2007 Thomas V. Farrell 1252 Ortman Road Afton VA 22920 RE: LOD20070021 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 70, Parcels 45A, 4513, 45C, (Property of Diana W. Farrell Trust; Diana W. Farrell, Trustee) 45D, & 45E (Property of Thomas V. Farrell Trust; Thomas V. Farrell, Trustee) Whitehall Magisterial District Dear Mr. Farrell: The County Attorney and I have reviewed the title information for the above -noted properties. It is the County Attorney's advisory opinion and my official determination that Tax Map 70, Parcels 45A, 45B, 45C, 45D, & 45E are parcels of record and have collectively a total of twenty. (20) theoretical development rights, as outlined in the following table: Tax Map -Parcel Acreage Development Rights TM 70-45A, "Parcel A" 24.92 Acres 3 TM 70-45B, "Parcel B" 5.00 Acres 2 TM 70-45C, "Parcel C" 70.12 Acres 5 TM 70-45D, "Parcel D" 73.00 Acres 5 TM 70-45E, "Parcel E" 132.83 Acres 5 Total 20 The basis for this determination follows. Tax Map 70 Parcel 45A Our records indicate Tax Map 70, Parcel 45A contains 24.92 acres and zero (0) dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument forthis property is recorded in Deed Book 3194, page136. This analysis begins with the deed of record in Deed Book 697, page 39 that is dated July 21, 1980. This is the'most recent instrument of record prior to the adoption of the Zoning-Ordinance–Dec- ember 1-0-1-980. T-he-cerrtific-ate of plat created-a-3-7-.0.8-acre— parcel from Parcel 45 which was designated as Parcel A (now Parcel 45A) on the plat by RO Snow and Roger W Ray Inc, dated June 13, 1980. This established the original parcel of record. Based on this deed, Tax Map 70, Parcel 45A is determined to have been a parcel of record with five (5) development rights. Deed Book 1916, page 91, dated May 2, 2000, gifted 3 parcels totaling 112.2 acres from Thomas V. Farrell & Diana W. Farrell to Diana W. Farrell Trust; Diana W. Farrell, Trustee. The land is described as Parcels A, B, & C. This transaction had no effect on the development rights of this parcel. Deed Book 3194, page 136, dated April 17, 2006, conveyed 12.16 acres designated as Lot 1 from Diana W. Farrell Trust; Diana W. Farrell, Trustee to Diana W. Farrell leaving 24.92 acres with Parcel 45A. The property is described as being the same as was conveyed by Deed Book 697, page 39. It is this transaction that establishes the current number of development rights as two (2) development rights to Lot 1 (now Parcel 45A1) and three (3) development rights to Parcel 45A. Tax Map 70 Parcel 45B Our records indicate Tax Map 70, Parcel 45B contains 5.00 acres and one (1) dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1916, page 91. This analysis begins with the deed of record in Deed Book 697, page 39 that is dated July 21, 1980. The certificate of plat created a 5.00 acre parcel from Parcel 45 which was designated as Parcel B (now Parcel 45B) on the plat by RO Snow and Roger W Ray Inc, dated June 13, 1980. This established the original parcel of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 697, page 39, and is dated July 21, 1980. The deed is a certificate of plat creating a 5.00 acre parcel known as Parcel B. Based on this deed, Tax Map 70, Parcel 45B is determined to be a parcel of record with two (2) development rights. Deed Book 1916, page 91, dated May 2, 2000, gifted 3 parcels totaling 112.2 acres from Thomas V. Farrell & Diana W. Farrell to Diana W. Farrell Trust; Diana W. Farrell, Trustee. The land is described as Parcels A, B, & C. This transaction had no effect on the development rights of this parcel. Tax Map 70 Parcel 45C Our records indicate Tax Map 70, Parcel 45C contains 70.12 acres and zero (0) dwellings. The property is not. in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1916, page 91. This analysis begins with the deed of record in Deed Book 698, page 1.66, dated July 25, 1980. The certificate of plat created a 70.12 acre parcel from Parcel 45 which was designated as Parcel C (now Parcel 45C) on the plat by RO Snow and Roger W Ray Inc, dated July 23, 1980. This established the original parcel of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 698, page 166, and is dated August 6, 1980. The deed is a certificate of plat creating a 70.12 acre parcel known as E Parcel C. Based on this deed, Tax Map 70, Parcel 45C is determined to be a parcel of record with five (5) development rights. Deed Book 1916, page 91, dated May 2, 2000, gifted 3 parcels totaling 112.2 acres from Thomas V. Farrell & Diana W. Farrell to Diana W. Farrell Trust; Diana W. Farrell, Trustee. The land is described as Parcels A, B, & C. This transaction had no effect on the development rights of this parcel. Tax Map 70 Parcel 45D Our records indicate Tax Map 70, Parcel 45D contains 73 acres and zero (0) dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1916, page 98. This analysis begins with the deed of record in Deed Book 698, page 166, dated July 25, 1980. The certificate of plat created a 73 acre parcel from Parcel 45 which was designated as Parcel D (now Parcel 45D) on the plat by RO Snow and Roger W Ray Inc, dated July 23, 1980. This established the original parcel of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 698, page 166, and is dated August 6, 1980. The deed is a certificate of plat creating a 73.00 acre parcel known as Parcel D. Based on this deed, Tax Map 70, Parcel 45D is determined to be a parcel of record with five (5) development rights. Deed Book 1916, pages 98, dated May 8, 2000, gifted 2 parcels totaling 205.83 acres from Thomas V. Farrell & Diana W. Farrell to Thomas V. Farrell Trust; Thomas V. Farrell, Trustee. The land is described as Parcels D & E. This transaction had no effect on the development rights of this parcel. Tax Map 70 Parcel 45E Our records indicate Tax Map 70, Parcel 45E contains 132.83 acres and zero (0) dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1916, page 98. This analysis begins with the deed of record in Deed Book 698, page 166, dated July 25, 1980. The certificate of plat created a 125.5 acre parcel from Parcel 45 which was designated as Parcel E (now Parcel 45E) on the plat by RO Snow and Roger W Ray, dated July 23, 1980. This established the original parcel of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 698, page 166, and is dated August 6, 1980. The deed is a certificate of.plat creating a 125.25 acre parcel known as Parcel E. Based on this deed, Tax Map 70, Parcel 45E is determined to be a parcel of record with five (5) development rights. Dee Book 801, pages 746, -dated June 6-1984; conveyed 49-77 acres -of -a-57-35 acr parcel known as Tax Map 70 Parcel 45F from Thomas V. Farrell & Diana W. Farrell to Cornelia Snoey Trust, Cornelia Snoey Trustee with a 7.58 acre portion of the 57.35 3 acres being added to Parcel 45E for a total of 132.83 acres. This transaction had no effect on the development rights of this parcel. Deed Book 1916, pages 98, dated May 8, 2000, gifted 2 parcels totaling 205.83 acres from Thomas V. Farrell & Diana W. Farrell to Thomas V. Farrell Trust; Thomas V. Farrell, Trustee. The land is described as Parcels D & E. This transaction had no effect on the development rights of this parcel. 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. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. 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, William D. Fritz, AICP Chief of Zoning Copy: Gay Carver, Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors M.