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HomeMy WebLinkAboutLOD200800016 Letter of Determination 2008-11-07COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 October 13, 2008 Lee Waibel PO Box 304 Free Union, VA 22940 Fax (434) 972-4126 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 28, Parcel 26E (Property of Lee and Karen Waibel, Co -Trustees) Section 10.3.1 Dear Mr. Waibel: 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 28, Parcel 26E is one single parcel and contains two (2) theoretical development rights. The basis for this determination follows. Tax Map 28, Parcel 26E Our records indicate Tax Map 28, Parcel 26E contains 39.566 acres and one dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3073, page 152. The most recent instrument for Tax Map 28, Parcel 26E recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 461, page 339 and is dated July 10, 1969. The deed conveyed 112.37 acres from Ethel Irwin, Special Commissioner of the Circuit Court of Albemarle County to Wilfred S. Fenton and Elizabeth S. Fenton. The property is shown on a plat recorded in Deed Book 155, page 314, referenced in this deed. On the basis of this deed, the 112.37 acre parcel is determined to have been one single parcel of record with five development rights. Deed Book 722, page 159, dated June 24, 1981, conveyed 112.37 acres from Wilfred S. Fenton and Elizabeth S. Fenton to Page Lewis Laughlin. The property is described as being the same as was conveyed by the deed of record in Deed Book 155, page 314. This transaction had no effect on the development rights of the parcel. Deed Book 807, page 303, dated July 10, 1984, conveyed 65.708 acres from Page Lewis Laughlin to Lynn F. Aeschliman. The property is described as being a portion of the same parcel in Deed Book 722, page 159 and is shown on a plat by R.O. Snow and R.W. Ray, Inc., dated May 23, 1984. This plat identifies the residue parcel as 26E and notes that the 46.66 acre residue retains two division rights. Elsewhere, the plat notes Lee Waibel October 13, 2008 Page 2 the residue contains 46.55 acres. As a result of this transaction, the parcel contained 46.55 acres and retained 2 development rights. Deed Book 1483, page 345, dated July 10, 1995, conveyed 44.56 acres from Page Lewis Laughlin to Michael B. Grinder and Pamela S. Grinder. The property is described as being a portion of the same as was conveyed by the deed of record in Deed Book 722, page 159. The property is shown on a boundary and physical survey by Roger W. Ray and Associates, Inc., dated July 21, 1995. This transaction had no effect on the development rights of the parcel. As a result of this transaction, the parcel retained 2 development rights. Deed Book 1678, page 568, dated January 9, 1998, conveyed 6.544 acres from Michael B. Grinder and Pamela S. Grinder to Robert L. Paxton and Jane B. Paxton. The property is described as being a portion of the 44.56 acres as recorded in Deed Book 722, page 159 and is shown as Parcel A on a plat by Trueline Surveying, dated October 30, 1997 that is attached to the deed. No development rights were transferred with Parcel A. As a result of this transaction, the parcel contained 38.016 acres and 2 development rights. Deed Book 1703, page 251, dated May 8, 1998, conveyed 38.016 acres from Michael B. Grinder and Pamela S. Grinder to Lee Waibel and Karen Waibel, Co -Trustees of the Lee Waibel Revocable Trust. The property is described as being the 44.56 acres, described by reference to Deed Book 1483, page 348, less and except the 6.544 acre tract described by reference to Deed Book 1678, page 571 as shown on the plat recorded in Deed Book 1483 page 348. This transaction had no effect on the development rights of the parcel. Deed Book 2929, page 664, dated February 18, 2005 conveyed 3.09 acres from Charles A. Rogers and Ruth C. Rogers to Lee P. Waibel and/or Karen E. Waibel, Trustees of the Lee Waibel Revocable Trust. The property is described as being the same as conveyed to the Grantors by Deed Book 1464, page 681 and dated March 21, 1995. This transaction had no effect on the development rights of the parcel. This is a parcel of record with 1 development right based on Deed Book 401, page 475. Deed Book 3073, page 152, dated September 19, 2005, conveyed 1.5495 acres from Lee P. Waibel, sole acting Trustee of the Lee Waibel Revocable Trust to Jack M. Gwaltney, Jr. The parcel is described as being one-half the property conveyed to the grantors as referenced in the deed recorded in Deed Book 2929, page 664. This served to extinguish the development right associated with the 3.09 acre parcel. The plat notes that no development rights are assigned to Tax Map 28 Parcel 26E and Tax Map 16 Parcel 52A. As a result of this transaction, the parcel contains 39.565 acres and 2 development rights associated with the 44.56 acre portion of the property. 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 parcels with which they are associated. These development rights Lee Waibel October 13, 2008 Page 3 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 parcels may create as many smaller parcels containing a minimum of twenty-one acres as they have 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