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HomeMy WebLinkAboutLOD200700041 Letter of Determination 2014-03-13COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 19, 2008 Frederick W. or Betty B. Hudson P.O. BOX 84 Free Union, VA 22940 RE: LOD 2007-00041 OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 29, Parcel 61 (Property of FREDERICK W. OR BETTY B. HUDSON) Whitehall Magisterial District Dear Mr. & Mrs. Hudson: This letter corrects the Grantors identified in Deed Book 1510, page 132. It replaces the letter dated March 14, 2008. 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 29, Parcel 61 has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 29, Parcel 61 contains 83.022 acres and one (1) dwelling. The property is in the Moorman's River Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1510, page 134. This analysis begins with the deed of record in Deed Book 208, page 1 that is dated January 15, 1930. The deed conveyed 112 acres from H.M. Burruss and Evelyn M. Burruss to Claude S. Adams and Mary E. Adams. The tract is shown on a plat by Hugh F. Simms that is part of the deed. The plat is attached to this determination. This deed established the 112- acre as a parcel of record. Deed Book 222 page 181 that is dated January 20, 1934 conveyed 112 acres from Claude S. Adams and Mary E. Adams to H.M. Burruss. The property is described as being the same as was conveyed by Deed Book 208, page 1. This transaction had no effect on the status of the tract as a parcel of record. Deed Book 226 page 100 that is dated November 28, 1934 conveyed 112 acres from H.M. Burruss to Evelyn M. Burruss. The property is described as being the same as was conveyed by Deed Book 222, page 181. This transaction had no effect on the status of the tract as a parcel of record. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcen007\29-61 LOD2007-00041 Fred Hudson Revised.doc Frederick & Betty Hudson March 19, 2008 Page 2 The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 616, page 559 and is dated March 10, 1977. This deed conveyed 112 acres from Evelyn M. Burruss to Page J. Flinn (now Page J. McGee). The property is described as being the same as was conveyed by Deed Book 226, page 100. Based on this deed, 112 -acre tract is determined to be a parcel of record with five (5) development rights. Deed Book 824, page 176, dated November 30, 1984, contains a certificate of plat by R. O. Snow dated November 30, 1984. The plat adjusts the boundaries between Parcels 50, 60, and 61 on Tax Map 29. Parcel X, a portion of Parcel 50 is added to Parcel 61. Parcel Y, a portion of Parcel 60 is added to Parcel 61. Parcel Z, a portion of Parcel 61 is off -conveyed to Parcel 60. As a result Parcel 61 is shown to be comprised of 100.00 acres. The property is described as being the same as was conveyed by Deed Book 616, page 559. The plat carries the following notes that are relevant to the development rights of Parcel 61. The notes on this plat do not appear to be based on the ordinance. Note #7 states that 10 development rights are waived by this platting, indicating that not all of the existing rights are allocated. This waiving of development rights is considered to be a private covenant that the County will not enforce. However, it is determined, on the basis of Note #6 (No division rights are transferred with Parcel Z) that Parcel 61 retained all five of its original development rights. None of the notes on the plat specify that any development rights are conveyed with Parcel X or Parcel Y. Therefore, as a result of this transaction, Tax Map 29, Parcel 61 contained 100 acres and is determined to have retained five (5) development rights within the bounds of the original 112 -acre parcel. Zero development rights are associated with portions of Parcel 61 that are designated as Parcels X and Y on the plat. Deed Book 825, page 309, dated January 17, 1985, conveyed 100.00 acres from Page J. McGee and William L. McGee to James M. Phelan and Betty M. Phelan. The property is described as being the same as was conveyed by Deed Book 824, page 176. This transaction had no effect on the parcel. Deed Book 1418, page 190, dated July 12, 1994, conveyed 16.9783 acres from James M. Phelan and Betty M. Phelan to Harold A. Via Jr. and Ann May Via. The property is described as being a portion of the property that was conveyed by Deed Book 825, page 309 and is further described on a plat by Gary Whelan that is dated May 27, 1994. It is the same tract that was designated as Parcel X on the R. O. Snow plat that is dated November 30, 1984. This plat notes that one development right is transferred with Parcel X. This note has no effect on Parcel 61 because the R. O. Snow plat did not assign any development rights to Parcel X. This property is not a part of the original 112 -acre parcel of record. As a result of this transaction Parcel 61 contains 83.021 acres and retains five development rights within the bounds of the original 112 acre parcel. Deed Book 1510, page 132, dated December 6, 1995, conveyed 83.022 acres from James M. Phelan and Betty M. Phelan to Frederick W. Hudson and Betty B. Hudson. l:\DEMCommunity Development2oning & Current Development Division\Determinations of Parcel\2007129-61 LOD2007-00041 Fred Hudson Revised.doc Frederick & Betty Hudson March 19, 2008 Page 3 The property is described as being the same as was conveyed by Deed Book 1418, page 190. This transaction had no effect on the parcel. Deed Book 1510, page 134, dated December 18, 1995, is a deed of trust between Frederick W. Hudson and Betty B. Hudson and Richard R. Carter and Joseph W. Richmond Jr. Trustees. The property is described as being the same as was conveyed by Deed Book 1418, page 190. This transaction had no effect on the parcel. The parcel is 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 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 Copy: Gay Carver, Real Estate Supervisor McChesney Goodall, ACE Coordinator Attachments: Hugh F. Simms plat in Deed Book 208, page 1 R. 0. Snow plat in Deed Book 824, page 176 Gary Whelan plat in Deed Book 1418, page 190 I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2007\29-61 LOD2007-00041 Fred Hudson Revised.doc