Loading...
HomeMy WebLinkAboutLOD200400040 Legacy Document 2014-03-21C�` COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 December 30, 2004 Marilyn Q. Boyle Box 445 Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 95, Parcels 1 and 18 and (Property of Marilyn Q. Boyle) Section 10.3.1 Dear Ms. Boyle: 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 95, Parcel 1 is one parcel of record with five (5) development rights. Tax Map 95, Parcel 18 is one parcel of record with five (5) development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 95, Parcel 1 contains 93.540 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1409, page 642. Our records indicate Tax Map 95, Parcel 18 contains 14.180 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1409, page 642. The most recent deed for Tax Map 95, Parcel 18 recorded prior to the adoption of the zoning ordinance, December 10, 1980 is recorded in Deed Book 537, page 546 and is dated September 20, 1973. This deed conveyed 14.18 acres from Robert M. Musselman and Carolyn C. Musselman to Robert P. Boyle. The property is described on a plat by W. Morris Foster, C.L.S. that is dated June 25, 1973. Based on this deed, it is determined that this 14.18 -acre parcel is a lot of record with five development rights. I:\DEPT\BCZS\Determin of Parcel\2004 ACE\95-118 Boyle.doc Marilyn Q. Boyle December 30, 2004 Page 2 The most recent deed for Parcel 1 recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 562, page 372 and is dated October 1, 1973. This deed conveyed 93.54 acres from Simco, Inc. to Robert P. Boyle. The property is described on a plat by W. Morris Foster, C.L.S. that was surveyed in August 1971 and revised October, 1973. Based on this deed, it is determined that this 93.54 -acre parcel is a lot of record with five development rights. Deed Book 1383, page 606, dated February 15, 1994, conveyed a 50 foot right of way easement to Tax Map 95, Parcel 1. and Tax Map 94A, Parcel 1 across Tax Map 95, Parcel 18 to the intersection of the right of way with the leading to Route 616. This transaction had no effect on the legal status of these parcels or on their development rights. Deed Book 1409, page 642, dated May 4, 1994, conveyed two parcels from Edward H. Bain, Jr. and Robert H. Downer, Jr., Co -Executors of the Estate of Robert P. Boyle; Roberta P. Boyle, Robert P. Boyle, Jr., and Charles C. Boyle; and Fred G. Wood, III and Mary Wood Sager to Marilyn Q. Boyle. The parcels are described, in part, as follows: FIRST: 93 acres as shown and described on plat by of Wm. Morris Foster, C.L.S., dated August 1971, revised October 1973 of record in Deed Book 562, page 374 and being the same property conveyed by the deed of record in Deed Book 562, page 372. SECOND: 14.18 acres as shown and described on plat by of Wm. Morris Foster, C.L.S., dated June 25, 1973 of record in Deed Book 537, page 550 and being the same property conveyed by the deed of record in Deed Book 537, page 548. This transaction had no effect on the legal status of these parcels or on their development rights. 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, Tax Map 95, Parcel 1 may create as many parcels containing a minimum of 21 acres as it has 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 and unappealable. An appeal shall be taken only by filing with the Zoning Administrator I:\DEPMUS\Determin of Parcel\2004 ACE\95-118 Boyle.doc Marilyn Q. Boyle December 30, 2004 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, John Shepherd Manager of Zoning Administration Copies: McChesney Goodall, Coordinator of the ACE Program Gay Carver, Real Estate Department Reading Files TM -P Acreage Division rights for 21 Development rights acre minimum parcels T.M. 95-1 93.540 3*(Possibly 4 5 TM 95-18 14.180 0 5 * If 0.46 acres was transferred from Parcel 18 to Parcel 1, then Parcel 1 could potentially create 4 parcels containing 21 acres in addition to 5 development lots containing a minimum of 10 acres. IADEPT\BCZS\Determin of Parcel\2004 ACE\95-118 Boyle.doc