The URL can be used to link to this page

Home My WebLink AboutLOD200400029 Legacy Document 2014-03-27aL ti X 1!- � tIRGINZ�FJ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 1, 2004 Alan N. Culbertson 4884 Nutmeg Farm Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 113, Parcels 4 and 4A (Property of Sharon P. Culbertson) Section 10.3.1 Dear Mr. Culbertson - 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 113, Parcel 4 contains five (5) development rights and Tax Map 113, Parcel 4A contains two (2) development rights. This determination is based on the following analysis - Our records indicate Tax Map 113, Parcel 4 contains 268.883 acres and two dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1900, page 435. Our records indicate Tax Map 113, Parcel 4A contains 5.717 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 1900, page 435. This analysis begins with the deed that is recorded in Deed Book 226, page 528 and is dated February 19, 1935. The deed conveyed 276.1 acres from Hope W. Gleason, Laura Lewis Gleason, J. Emmett Gleason and Helen Gleason to Josefine W. Froelick. The property is further described as being located about one mile east of Carter's Bridge on Martin's King Road that leads to Blenheim. The property is shown on a plat by Hugh F. Simms that is part of the deed. This deed and plat establish this tract as a parcel of record as defined in Section 10.3. C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\3486.doc Alan N. Culbertson November 1, 2004 Page 2 Deed Book 306, page 515, dated June 30, 1938, conveyed a strip of land adjacent to the south side of Martin's King Road from First and Merchants National Bank of Richmond to John B. Rosebrook. The strip, containing about one acre is a portion of the land conveyed by the deed recorded in Deed Book 226, page 528. The strip was created as a result of the relocation of Martin's King Road. The parcel contained about 275.1 acres as a result of this transaction. This had no effect on the legal status of the parcel. Deed Book 419, page 258, dated June 29, 1966, conveyed 0.5 acres from Beatrice W. Neill to Doyle F. McCarthy. The tract is shown on a plat by Blue and Finley that is attached to the deed. The tract is described as lying between the center lines of St. Rt. 708 and the old location of Martin King Road. The plat references Deed Book 226, page 529 to identify the Neill property. The parcel contained about 274.6 acres as a result of this transaction. This had no effect on the legal status of the parcel. Deed Book 550, page 363, dated May 6, 1974, conveyed a strip of land 25 feet wide measured from the center line of Route 708 from Edward P. Shurick and F. Delores Pipes Shurick to the Commonwealth of Virginia. The deed only describes the property as lying between the intersection of Route 627 and Route 795. The resulting acreage of the parcel is not provided. This transaction had no effect on the legal status of the parcel. The most recent deed for Parcel 4A recorded prior to December 10, 1980, the date of the adoption of the ordinance is recorded in Deed Book 704, page 588 and is dated October 27, 1980. This deed was recorded on November 17, 1980. This deed conveyed 5.717 acres from John P. Eckert and Ursel Eckert to J. Bruce Eckert and Katherine B. Eckert. The lot is shown on a plat by Morris Foster that is attached to the deed. The plat identifies the lot as a portion of Nutmeg Farm and references the plat recorded in Deed Book 226, page 528. On the basis of this deed and plat, the 5.717 -acre lot now identified as Parcel 4A is a parcel of record with two (2) development rights. The most recent deed for Parcel 4 recorded prior to December 10, 1980, the date of the adoption of the ordinance is recorded in Deed Book 704, page 592 and is dated October 27, 1980. This deed was also recorded on November 17, 1980. This deed conveyed 268.883 acres from John P. Eckert and Ursel Eckert to Nutmeg Farm, Ltd. The property is described, in part, as the 276.1 -acre tract shown on the plat by Hugh Simms dated February 1935 save and except the three off conveyances described above in Deed Book 306, page 515, Deed Book 550, page 363 and the 5.717 tract recorded prior to this deed. On the basis of this deed and plat, the 268.883 -acre tract now identified as Parcel 4 is a parcel of record with five (5) development rights. C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\3486.doc Alan N. Culbertson November 1, 2004 Page 3 Deed Book 872, page 469, dated March 5, 1986, conveyed the 5.717 acres, previously conveyed in Deed Book 704, page 588, from J. Bruce Eckert and Katherine B. Eckert to Alfred L Cohen and Margaret A. Cohen. This transaction had no effect on the legal status or the development rights of Parcel 4A. Deed Book 872, page 471, dated March 5, 1986, conveyed the 268.883 acres, previously conveyed in Deed Book 704, page 592, from Nutmeg Farms, Ltd. to Alfred L Cohen and Margaret A. Cohen. This transaction had no effect on the legal status or the development rights of Parcel 4. Deed Book 984, page 608, dated March 24, 1984, conveyed two parcels from Alfred L Cohen and Margaret A. Cohen to Anthony J. Rinella and Lorraine M. Rinella. The parcels are the same as those conveyed in Deed Book 872, page 469 and Deed Book 872, page 471. This transaction had no effect on the legal status or the development rights of Parcel 4 or Parcel 4A. Deed Book 1900, page 435, dated March 7, 2000 conveyed two parcels from Anthony J. Rinella and Lorraine M. Rinella to Sharon P. Culbertson. The parcels are the same as were conveyed in Deed Book 984, page 608. This transaction had no effect on the legal status or the development rights of Parcel 4 or Parcel 4A. 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 to the development right lots, Parcel 4 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, John Shepherd Manager of Zoning Administration C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\3486.doc Alan N. Culbertson November 1, 2004 Page 4 Copies: J. Page Williams P.O. Box 2057 Charlottesville, VA 22902 Gay Carver, Real Estate Department C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\3486.doc