HomeMy WebLinkAboutLOD200800018 Letter of Determination 2008-11-07COUNTY OF ALI3EMAIZLF
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
October 31, 2008
Mr. Kirk Hughes, L.S.
c/o Kirk Hughes & Associates
220 East High Street
Charlottesville, VA 22902
Fax (434) 972-4126
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 82, Parcel 5 (Property of Charles A. Grossman, Trustee of the Charles A.
Grossman Rev. Trust) Rivanna Magisterial District
Dear Mr. Hughes:
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 5 is a parcel of record containing five (5) theoretical development
contained within the portion of the parcel located in Albemarle County. The basis for this
determination follows.
Our records indicate Tax Map 82, Parcel 5 contains 15.337 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 3086,
page 547.
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 #7 containing
16.3 acres. This deed establishes Lot #7 as a parcel of record with five (5)
theoretical development rights.
Deed Book 1038, page 425, dated March 14, 1989, conveyed two parcels from the
Estate of William M. Jackson to Lynn Frances Allen. One of the parcels is described as
16.1 acres shown as Parcel 5 on Tax Map 82. This transaction had no effect on the
development rights of the parcel.
Deed Book 1103, page 525, dated April 25, 1990, conveyed a Deed of Trust from Lynn
Frances Allen and Richard M. Tarby, Trustee of the L.A. Land Trust to Fred S. Landess
and M. Clifton McClure, Trustees. Among the subject parcels is PARCEL TWO
described on Schedule B as: 16.1 acres, more or less, shown as Parcel 5 on Tax Map
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October 31, 2008
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82 of the records of Albemarle County. This transaction had no effect on the
development rights of the parcel.
Deed Book 1112, page 392, dated July 23, 1990, conveyed a Deed of Trust from Lynn
Frances Allen and Richard M. Tarby, Trustee of the L.A. Land Trust to Fred S. Landess
and M. Clifton McClure, Trustees. Among the subject parcels is PARCEL TWO
described on Schedule B as: 16.1 acres, more or less, shown as Parcel 5 on Tax Map
82 of the records of Albemarle County. This transaction had no effect on the
development rights of the parcel.
Deed Book 1166, page 639, dated July 23, 1990, conveyed a Deed of Trust from Lynn
Frances Allen and Richard M. Tarby, Trustee of the L.A. Land Trust to Fred S. Landess
and M. Clifton McClure, Trustees. Among the subject parcels is PARCEL TWO
described on Schedule A as: 16.1 acres, more or less, shown as Parcel 5 on Tax Map
82 of the records of Albemarle County. This transaction had no effect on the
development rights of the parcel.
Deed Book 1195, page 239, dated April 25, 1990, appointed Jefferson National Bank
and Frederick W. Payne as Trustees for the above described Deeds of Trust. This
transaction had no effect on the development rights of the parcel.
Deed Book 1428, page 393, dated August 30, 1994, conveyed five parcels from
Frederick W. Payne, Substitute Trustee to Jefferson National Bank. Among the subject
parcels is PARCEL TWO described on Schedule A as: 16.1 acres, more or less, shown
as Parcel 5 on Tax Map 82 of the records of Albemarle County. This transaction had
no effect on the development rights of the parcel.
Deed Book 1442, page 493, dated September 12, 1994, is a deed of correction that
conveyed five parcels from Frederick W. Payne, Substitute Trustee to Jefferson
National Bank. The sole purpose of the deed was to correct the description of the
grantors of the deed of record in Deed Book 1442, page 393. This transaction had no
effect on the development rights of the parcel.
Deed Book 1451, page 9, dated January 11, 1995, conveyed five parcels from Jefferson
National Bank to Craig J. Donley and Jennifer F. Donley. Among the subject parcels is
Parcel Five described on Schedule A as: 16.1 acres, more or less, shown as Parcel 5
on Tax Map 82 of the records of Albemarle County. This transaction had no effect on
the development rights of the parcel.
Deed Book 1451, page 13, dated January 12, 1995, conveyed a deed of trust from
Craig J. Donley and Jennifer F. Donley to J. Sloan Kuykendall, III and Richard E. Carter.
Among the subject parcels is Parcel Five described on Schedule A as: 16.1 acres, more
or less, shown as Parcel 5 on Tax Map 82 of the records of Albemarle County. This
transaction had no effect on the development rights of the parcel.
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Deed Book 1461, page 698, dated March 29, 1995, conveyed Parcel 5 on Tax Map 82
from Craig J. Donley and Jennifer F. Donley to Charles A. Grossman and Carol M.
Grossman. The parcel is described by reference to Deed Book 1451, page 9 and is
designated as Lot 7, containing 16.746 acres on a plat by Kirk Hughes & Associates,
dated March 15, 1995. The plat shows a portion of the property is located in Louisa
County. This transaction had no effect on the development rights of the parcel.
Deed Book 3086, page 547, dated October 12, 2005, conveyed 16.746 acres from
Charles A. Grossman to the Charles A. Grossman, Trustee of the Charles A. Grossman
Revocable Trust. The property is described by reference t Deed Book 1461, page 698.
This transaction had no effect on the development rights of 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.
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,
ohn Shepherd
Manager of Zoning Administration
Copy: Cheri Roberts, Property Transaction Technician
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