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Home My WebLink AboutLOD200400035 Legacy Document 2014-03-13,�pF AL o � U �'IRGINtP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 7, 2005 Marc N. Jensen 2170 White Hall Road Crozet, VA 22932 Tracy H. Barnett 5925 Bearwood Road Crozet, VA 22932 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 40, Parcel 8 (Property of Tracy — Temple Limited Partnership) Section 10.3.1 Dear Mr. Jensen and Ms. Barnett: 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 40, Parcel 8 is a separate parcel of record with five (5) development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 40, Parcel 8 contains 91.070 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1511 page 247. This analysis begins with the Deed of Partition recorded in Deed Book 393, page 31 and dated November 1, 1963. This deed conveyed lands of Joseph T. Henley to several heirs. Included among these lands were the following: 9. The interest of J. T. Henley, if any survived his death, in a tract containing 93 acres, more or less, which was conveyed to J. T. Henley and J. T. Henley, Jr., by deed of Citizens Bank and Trust Company dated March 22, 1954 and recorded in Deed Book 309, page 574. The deed also'contained a plat that showed a 1.86 -acre parcel comprised of Parcel 8A and Parcel 9A. The plat references Deed Book 282, page 59 and Deed Book 304, page 496. I:\DEFR13CMDetermin of Parcel\2004 ACE\40-8 Tracy -Temple LP.doc Marc N. Jensen & Tracy H`\Barnett January 7, 2005 Page 2 This deed established the 93 -acre parcel as a lot of record for the purpose of administering Section 10.3. The most recent deed for this parcel recorded prior to the adoption of the zoning ordinance, December 10, 1980 is recorded in Deed Book 596, page 412 and is dated May 6, 1976. This deed conveyed a portion of Parcel 8, owned by Joseph T. Henley, Jr. and Joan H. Henley to Parcel 8A, owned by Tomas W. Henley and Joan C. Henley. The transaction is shown on a plat by William S. Roudabush, dated April 29, 1976. The acreage of the land transferred to Parcel 8A is not specified in either the deed or the attached plat. It is described in the deed as being a portion of the 92.14 acre parcel acquired by the parties of the first part under the aforementioned deed of partition and is shown on Albemarle County Tax Sheet 40 as Parcel 8. On the basis of this deed, Tax Map 40, Parcel 8, comprised of the remainder of the 92.14 acre tract after this conveyance to Parcel 8A, is a lot of record with five (5) development rights. Deed Book 1231, page 607, dated June 1, 1992, conveyed 9 parcels from Joseph T. Henley, Jr. and Joan H. Henley to themselves as tenants in common. Among these tracts was #1, described, in part, as 91.07 acres shown on Tax Sheet 40 as Parcel 8, being the greater part of the tract of land acquired by the Grantors by paragraph 9 of the deed of partition of record in Deed Book 393, page 31 less the land shown on the plat by William S. Roudabush recorded in Deed Book 596, page 414. This transaction had no effect on the legal status or development rights of Tax Map 40, Parcel 8. Deed Book 1511, page 247, dated December 20, 1995, conveyed 91.07 acres from Joseph T. Henley, Jr. and Joan H. Henley to Tracy -Temple Limited Partnership. The property is described as the tract identified by paragraph 9 in the deed of partition of record in Deed Book 393, page 31 less the approximate 1.07 acre portion thereof conveyed by the deed recorded in Deed Book 596, page 412. This transaction had no effect on the legal status or development rights of Tax Map 40, Parcel 8. This parcel is 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 tract 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 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. I:\DEPTOCMDetermin of Parcel\2004 ACE\40-8 Tracy -Temple LP.doc Marc N. Jensen & Tracy H. Barnett January 7, 2005 Page 3 If you have any questions, please contact me. Sincerely, /ohnShepherd 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 TM 40-8 91.07 3 5 I:\DEPT\BCMDetermin of Parcel\2004 ACE\40-8 Tracy -Temple LP.doc