HomeMy WebLinkAboutLOD200800010 Letter of Determination 2008-05-21a
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 21, 2008
Mr. Kirk Hughes, L.S.
c/o Kirk Hughes & Associates
220 East High Street
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 82, Parcel 4 (Property of Hugh H. Taylor, G. Wayne Taylor, Virginia G.
Leake, C. B. & N. D. Goddin) Rivanna Magisterial District
Dear Kirk:
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 82, Parcel 4 is four parcels of record having a total of twenty (20) theoretical
development rights as outlined in the following chart. The basis for this determination
follows the chart.
Tax Map -Parcel, Lot# i Acreage Development Rights _1
82-4, Lot #2 j 45 Acres 5
82-4, Lot #3
16.1 Acres 5
82-4, Lot #5
32.2 Acres 5
82-4, Lot #6 16.1 Acres 5
i 109.4 Acres 20
Our records indicate Tax Map 82, Parcel 4 contains 104.237 acres lying within
Albemarle County with 1 dwelling. The property is not within an Agricultural and Forestal
District. The most recent recorded instrument for this property is recorded in Deed Book
2089, page 355.
This analysis begins with the deed of record in Deed Book 10, page 250 that is dated
August 20, 1889, conveying land from the estate of Reuben Bellamy to C. D. Walker, et
al. The deed contains a plat showing a total of 186.6 acres belonging to the estate of
Reuben Bellamy, containing seven (7 ' ) separate lots, which includes lot #s 27 3, 5 & 6 as
listed in the chartabove. This deed establishes those lots as parcels of record.
Deed Book 137. page 494, dated July 21, 1908, conveyed this land from C. D. Walker
to Emma J. Davis and described it as the same land conveyed in Deed Book 10, page
250. This transaction had no effect on the parcels. However, upon the deaths of
1 \DEPTIConnnrunity Deveiopment',zoning & Current Development DivtsiomDeterminations of Parcef\2008\82-4 LOD2008-010,
Tavlor, et al par,
Ms. Davis and her heirs at law, Mr. C. D. Walker, her husband, and Luther J.
Davis, her brother, the land conveyed to Maggie Walker Holloway under terms of
the will of Mr. Davis.
Deed Book 361 page 32, dated July 27, 1960, conveyed lots 2, 31 5 & 6 from Maggie
Walker Holloway & R. B. Holloway, her husband, to Guy N. & Ruby H. Taylor, husband
and wife, and E. Bryan & Dorothy H. Goddin, husband and wife. The land is described
as the same as was conveyed in Deed Book 137, page 494. This transaction had no
effect on the parcels.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 386, page 537, and is dated
March 20, 1963. The deed is a certificate of plat for 108.72 acres known as Tax Map 82,
Parcel 4 and is described as the same lots conveyed in Deed Book 361, page 32.
Based on this deed, Tax Map 82, Parcel 4 is determined to be four parcels of
record with a total of twenty (20) theoretical development rights (five for each lot)
as shown in the chart above.
Deed Book 841, page 124, dated April 18, 1983, conveyed acreage for a 50 foot right-
of-way for route 686 from Mr. & Mrs. Goodin and Ruby H. Taylor, then a widow, to the
Commonwealth of Virginia. This transaction had no effect on the parcels.
Deed Book 855, page 124, dated October 7, 1985, conveyed 108.72 acres, more or
less, acres from E. Bryan & Dorothy H. Goddin, husband and wife, to Charles B. &
Norma D. Goddin, husband and wife, and Virginia G. Leake, a widow. The property is
described as being the same as was conveyed by Deed Book 386, page 537. This
transaction had no effect on the parcels.
Deed Book 1803, page 405, dated March 31, 1999, conveyed 108.72 acres, more or
less. from Charles B. & Norma D. Goodin, husband and wife, to the same as trustees
for the Charles B. Goddin Revocable Trust. The property is described as being the
same as was conveyed by Deed Book 386, page 537. This transaction had no effect
on the parcels.
Deed Book 2089, page 355, dated December 4. 2000, conveyed the 50% interest in the
108.72 acres from G. Wayne Taylor, Executor of the Estate of Ruby H. Taylor, G.
Wayne Taylor, individually, and Hugh H. Taylor to G Wayne Taylor and Hugh H. Taylor.
The property is described as being the same as was conveyed by Deed Book 386, page
537. This transaction had no effect on the parcels.
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
FDEPTicormnrmn,ty De,elcQr,eM1,Zon,ng & 'Current Development Divis,onTeterminations of ParceR2008\82-4, LOD2008-010, 2
Taylor, et al,doc
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,
c7'
I �1- �hald L!�H�iggins, AICV
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
I 4DEPT-,Community Deve[opment2oning & Cjrrent Development DivisionOeterminations of Parce0008182-4, LOD2C08-01 0 3
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