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Home My WebLink AboutACE200800009 Letter of Determination 2005-01-26pF 0 U COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 January 26, 2005 Edwin Linn or Christine F. Rushia 1900 Beaver Creek Mountain Road Crozet, VA 22932 Fax (434) 972 -4126 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -Tax Map 39, Parcel 27 and Tax Map 40, Parcel 17A (Property of Edwin Linn or Christine F. Rushia) Section 10.3.1 This letter replaces my letter to you dated January 21, 2005. This letter correctly identifies you as the owner of the property in the above header. Dear Mr. and Ms. Rushia: 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 40, Parcel 17A is one parcel with one (1) development right. Tax Map 39, Parcel 27 is one parcel with five (5) development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 39, Parcel 27 contains 86.700 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 869, page 28. Our records indicate Tax Map 40, Parcel 17A contains 3.870 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 1012, page 298. The most recent deed for Tax Map 40, Parcel. 17A recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 501, page 20 and is dated January 24, 1972. This deed conveyed 2.11 acres from George K. McAllister and Mittie P. McAllister to Guy E. Shiflett and Antje B. Shiflett. The property is shown on a plat by Warren F. Wade, C.L.S., dated January 20, 1972, and is described as being a portion of a 24 -acre tract conveyed to the Grantors by the deed of record in Deed Book 388, page 24. On the basis of this deed, the 2.11 -acre lot is determined to be a parcel of record with one (1) development right. This lot is now a portion of Tax Map 40, Parcel 17A. I: \DEPT\BCZS \Determin of Parcel\2004 ACE \39 -27 17A Rushia CORRECTED. doc Edwin Linn or Christine F. Rushia January 26, 2005 Page 2 The most recent deed for Tax Map 39, Parcel 27 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 510, page 479 and is dated July 18, 1972. This is a deed of exchange between Edwin L. Rushia & Mary Anna Rushia, parties of the first part, and Robert G. Burnley & Kathleen Burnley, parties of the second part. In this transaction the parties of the first part acquired, as tenants by the entirety, 88'/4 acres described, in part, as follows: (1) All that certain tract or parcel of land containing 88'/4 acres, more or less, and shown on a plat recorded in Deed Book 99, page 154. It is further described as being the same land in all respects as was conveyed to Edwin L. Rushia and Robert G. Burnley by the deed of record in Deed Book 499, page 355. On the basis of this deed, the 88.25 -acre tract is determined to be a parcel of record with five (5) development rights. Neither Deed Book 99, page 154 nor Deed Book 499, page 355 contain any indication that the 88.25 -acre parcel is comprised of more than one parcel. The plat recorded at Deed Book 99, page 154 depicts the property as a single parcel. Deed Book 754, page 68, dated December 15, 1982, conveyed 2.11 acres from Guy E. Shiflett and Antje B. Shiflett to T. E. Wood. The property is described as being the same as was conveyed by the deed of record in Deed Book 501, page 20. This transaction had no effect on the legal status or development rights of Tax Map 40, Parcel 17A. Deed Book 860, page 372, dated November 27, 1985, conveyed 2.11 acres from T. E. Wood to Peter Cannon and Barbara R. Cannon. The property is described as being the same as was conveyed by the deed of record in Deed Book 754, page 68. This transaction had no effect on the legal status or development rights of Tax Map 40, Parcel 17A. Deed Book 869, page 33, dated February 19, 1986, conveyed 1.52 acres from Edwin L. Rushia & Mary Anna Rushia to Edwin Linn Rushia and Christine Feckles. The land is described as "Parcel Y" on a plat of Roudabush, Green & Gale, Inc., dated November 22, 1985, being a portion of the land conveyed by the deed of record in Deed Book 510, page 479. The plat notes that Parcel Y a portion of Parcel 27 to be added to and become a part of Parcel X known as Parcel 17A. The plat carries notes that state Parcel 17A has no development rights and Parcel 27 retains 5 development rights. The plat also notes the resulting acreage of Parcel 17A is 3.87 acres and the residue is 86.7 acres. On the basis of this transaction it is determined that Parcel 17A does, in fact, have one development right that is vested in the original 2.11 -acre parcel of record and Parcel 27 retains 5 development rights. 11DEPT\BCZS \Determin of Parcel\2004 ACE \39 -27 17A Rushia CORRECTED.doc Edwin Linn or Christine F. Rushia January 26, 2005 Page 3 Deed Book 869, page 28, dated February 19, 1986, conveyed 86.7 acres from Edwin L. Rushia & Mary Anna Rushia to Edwin Linn Rushia and Christine Feckles. The property is described as being the same as was conveyed by the deed of record in Deed Book 510, page 479, less and except a portion thereof containing 1.52 acres, shown on a plat of Roudabush, Green & Gale, Inc., dated November 22, 1985 designated "Parcel Y" on the plat recorded prior hereto. This transaction has no effect on the legal status or development rights of these parcels. Deed Book 1012, page 298, dated September 2, 1988, conveyed 3.87 acres from Barbara R. Cannon, also known as Barbara Rushia Cannon & Peter Cannon to Edwin Linn Rushia and Christine Feckles. The property is described, in part, as all that certain lot containing an aggregate of 3.87 acre and designated as Parcel "X" and Parcel "Y" on a plat by Roudabush, Green & Gale, Inc., dated November 22, 1985 and revised on January 7, 1986 and of record in Deed Book 869, page 35. This transaction has no effect on the legal status or development rights of these parcels. 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, Parcel 27 may create as many parcels containing a minimum of 21 acres as it has land to create. 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 I: \DEPT\BCZS \Determin of Parcel\2004 ACE \39 -27 17A Rushia CORRECTED.doc Edwin Linn or Christine F. Rushia January 26, 2005 Page 4 Copies: McChesney Goodall, Coordinator of the ACE Program Gay Carver, Real Estate Department Reading Files TM -P Acreage Division rights for 21 Development rights acre minimum parcels T.M. 39 - 27 86.700 3 _ 5 T.M. 40 — 17A 3.870 0 1 IADEPT\BCZS \De term in of Parcel\2004 ACE \39 -27 17A Rushia CORRECTED.doc