HomeMy WebLinkAboutLOD200700023 Letter of Determination 2014-03-13 (2)COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia .22902-4596
Phone (434)296-5832 Fax (434) 972-4126
October 24, 2007
Ellie Carter
Bent Tree Design
1201 Stoney Ridge Rd Suite 1
Charlottesville VA 22902
RE: LOD20070023 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS --
Tax Map 18, Parcel 40A, Tax Map 19, Parcels 15, 16, 16C (Property of HARRY J G
OR JANNY E M VAN BEEK) Rio Magisterial District
Dear Ms. Carter:
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 18, Parcel 40A and Tax Map 19, Parcels 15, 16, 16C are parcels of record
and have collectively a total of twelve (12) theoretical development rights, as outlined in
the following table:
Tax Map -Parcel
Acreage
Development Rights
TM 18-40A
3.61 Acres
TM 18-40C
4.509 Acres = 3.02 + 1.489
TM 18-40A & TM 18-40C
8.119 Acres = 3.61 + 4.509
3 (6.63 Acres)
TM 19-15
.5 Acres
1
TM 19-16
.23.716 Acres
4
TM 19-16C
12.039 Acres
4
Total
12
The basis for this determination follows.
Tax Map 18, Parcels 40A & 40C
Tax Map 18, Parcel 40C was not requested for this determination but is integral to
the determination of Tax Map 18, Parcel 40A.
Tax Map 18, Parcels 40A
Our records indicate Tax Map 18, Parcel 40A contains 3.61 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 788 page 472.
This analysis begins with the deed of record in Deed Book 464 page 393 that is dated
August 1, 1969. This deed conveyed 3.02 acres from Henry Alex Browne and Alice
Lord Browne to Henry J. Browne and Ellen A. Browne leaving 20.933 acres known as
Tax Map 19, Parcel 16C.
Deed Book 639 page 299 that is dated November 9, 1977, conveyed 3.61 acres from
Henry Alex Browne and Alice Lord Browne to Henry J. Browne and Ellen A. Browne
leaving 17.323 acres known as Tax Map 19, Parcel 16C. This deed combined the 3.02
acres and 3.61 acres into a 6.63 acre parcel as shown on the plat by William L.
Roudabush, dated October 22, 1977. This established the original parcel of record.
Deed Book 661 page 640 that is dated December 7, 1978; conveyed 3.02 acres (Tax
Map 18, Parcel 40C) from Henry J. Browne and Ellen A. Browne to Harry van Beek
leaving 3.61 acres (Tax Map 18, Parcel 40A). ILLEGAL SUBDIVISION
Deed Book 71.3 page 9 that is dated January 13, 1981, conveyed 3.61 acres from Henry
J. Browne and Ellen A. Browne to Henry Alex Browne and Alice Lord Browne.
Deed Book 788 page 472 that is dated February 1, 1984, conveyed 17.323 (Tax Map
19, Parcel 16C), and 3.61 acres (Tax Map 18, Parcel 40A) from Alice Lord Browne to
Harry J.G. van Beek and Johanna E.M. van Beek.
Tax Map 18, Parcels 40C
Our records indicate Tax Map 18, Parcel 40C contains 4.509 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 841 page 637.
This analysis begins with the deed of record in Deed Book 464 page 393 that is dated
August 1, 1969. This deed conveyed 3.02 acres from Henry Alex Browne and Alice
Lord Browne -to Henry J. Browne and Ellen A. Browne leaving 20.933 acres known as
Tax Map 19, Parcel 16C.
Deed Book 639 page 299 that is dated November 9, 1977, conveyed 3.61 acres from
Henry Alex Browne and Alice Lord Browne to Henry J. Browne and Ellen A. Browne
leaving 17.323 acres known as Tax Map 19, Parcel 16C. This deed combined the 3.02
acres and 3.61 acres into a 6.63 acre parcel as shown on the plat by William L.
Roudabush, dated October 22, 1977. This established the original parcel of record.
Deed Book 661 page 640 that is dated December 7, 1978, conveyed 3.02 acres (Tax
Map 18, Parcel 40C) from Henry J. Browne and Ellen A. Browne to Harry van Beek
leaving 3.61 acres (Tax Map 18 Parcel 40A). ILLEGAL SUBDIVISION
Deed Book 841 page 637, dated June 13, 1985, is a certificate of plat by Gloeckner,
Lincoln & Osborne, Inc dated June 13, 1985 describing lands of Harry J.G. van Beek
and Joanna E.M. van Beek and transferring 1.489 acres of Tax Map 19, Parcel 16C to
Tax Map 18, Parcel 40C for a total of 4.509 acres.
It does not appear that the conveyance of the 3.02 acres recorded in Deed Book 661
page 640 that is dated December 7, 1978, was approved by the County as was required
before the subdivision of a parcel could be recorded. Thus, it has been determined
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that Tax Map 18, Parcel 40A and Tax Map 18, Parcel 40C is still one parcel of 8.119
acres with a 6.63 acre portion that has three (3) development rights.
Tax Map 19 Parcel 15
Our records indicate Tax Map 19, Parcel 15 contains .5 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 977, page 925.
This analysis begins with the deed of record in Deed Book 333 page 469 that is dated
July 29, 1957. This deed conveyed .5 acres from Beulah M. Via to Anna Frances Bailey
and James O. Bailey being the same parcel shown on the plat in Deed Book 98 page
202 dated September 1892. This established the original parcel of record. Deed
Book 333 page 469 is the most recent instrument for this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980. Based on this deed, Tax Map
19, Parcel 15 is determined to be a parcel of record with one (1) development
right.
Deed Book 977 page 295, dated January 21, 1988, conveyed the .5 acre parcel from
John E Bailey, guardian of Anna Frances Bailey to Harry J.G. van Beek and Janny E.M.
van Beek. The land is described as Parcels 15 & 16 of Tax Map 19 as described in
Deed Book 333 page 469 and Deed Book 241 page 540 respectively. This
transaction had no effect on the development rights of this parcel.
Tax Map 19 Parcel 16
Our records indicate Tax Map 19, Parcel 16 contains 23.716 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 1451, page 387.
This analysis begins with the deed of record in Deed Book 361 page 457 that is dated
August 31, 1960. This deed conveyed 23.953 acres from James O. Bailey and Anna
Frances Bailey to Henry Alex Browne and Alice Lord Browne being a portion of the
parcel as described in Deed Book 241 Page 540 dated December 3, 1938. 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 361 page 457, and is dated
August 31, 1960. The deed conveyed 23.953 acres, today known as Tax Map 19 Parcel
16C, according to a plat made by William L. Roudabush, dated May 24, 1960 from
James O. Bailey and Anna Frances Bailey to Henry Alex Browne and Alice Lord
Browne leaving an unspecified acreage. That acreage has been determined to be 27.6
acres according to Deed Book 977 page 295 and is .known as Tax Map 19 Parcel 16.
Based on'this deed, Tax Map 19, Parcel 16 is determined to have been a parcel of
record with five (5) development rights.
Deed Book 977 page 295, dated January 21, 1988, conveyed 28.10 acres from John E.
Bailey and Anna Frances Bailey to Harry J.G. van Beek and Janny E.M. van Beek. The
land is described as Tax Map 19 Parcels 15 and 16 as shown on a plat by R.O. Snow
dated April 10, 1987. With Parcel 15 known to be .5 acres it can be determined that
Parcel 16 is 27.6 aces. This transaction had no effect on the development rights of
this parcel.
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Deed Book 1451 page 387, dated July 20, 1994, is a certificate of plat by Thomas B.
Lincoln dated December 3, 1993, creating 3.884 acres known as Tax Map 19 Parcel
16D, leaving 23.716 acres on Tax Map 19 Parcel 16. It is this transaction that
establishes the current number of development rights as four (4) for Tax Map 19,
Parcel 16.
Tax Map 19 Parcel 16C
Our records indicate Tax Map 19, Parcel 16C contains 12.039 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 841 page 637.
This analysis begins with the deed of record in Deed Book 639 page 299 that is dated
November 9, 1977. This deed conveyed 3.61 acres from Henry Alex Browne and Alice
Lord Browne to Henry J. Browne and Ellen A. Browne leaving 17.323 acres, being a
portion of the same parcel as described in Deed Book 241 page 540 dated December 3,
1938. 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 639 page 299, and is dated
November 9, 1977. The deed combined 3.61 acres now known as parcel Y with 3.02
acres known as Tax Map 18, Parcel 40A on a plat made by William L. Roudabush
leaving an unspecified acreage on Parcel 16C. That acreage has been determined to
be 17.323 acres as described in the next paragraph Deed Book 788 page 472. Based
on Deed Book 639 page .299, Tax Map 19, Parcel 16C is determined to have been a
parcel of record with five (5) development rights.
Deed Book 788 page 472, dated February 1, 1984, conveyed 17.323 acres from Alice
Lord Browne to Harry J.G. van Beek and Johanna E.M. van Beek. The land is
described as 17.323 acres being part of 23.953 acres as conveyed on Deed Book 361
page 457. This transaction had no effect on the development rights of this parcel.
Deed Book 830 page 593, dated March 19, 1985, is declaration of maintenance and a
plat by Gloeckner, Lincoln & Osborne, Inc. dated January 31, 1985, creating a 3.439
acre parcel known today as Tax Map 18, Parcel 40A1, leaving 13.528 acres on Tax
Map 19, Parcel 16C. It is this transaction that establishes the current number of
development rights as four (4) for Tax Map 19, Parcel 16C.
Deed Book 841 page 637, dated June 21, 1985, is a certificate of plat by Gloeckner,
Lincoln & Osborne, Inc. dated June 13, 1985 describing the lands of Harry J.G. van
Beek and Joanna E.M. and van Beek transferring 1.489 acres from Tax Map 19, Parcel
16C to Tax Map 18, Parcel 40C leaving 12.039 acres on Tax Map 19, Parcel 16C. 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.
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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.
You should please contact Mr. John Shepherd, Chief of Current Development, (434)
296-5832 ext. 3242, to discuss the "illegal subdivision" and steps to correct it. If you
have any other 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
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