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Home My WebLink AboutACE200700003 Letter of Determination 2008-03-14GF AL r �RGI��i� COUNTY OF ALBFMARLF Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 March 14, 2008 Lief B. or Kristel F. Riddervold P.O. Box 48 Covesville, VA 22931 Fax (434) 972 -4126 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 118, Parcel 1 Samuel Miller Magisterial District (Property of Lief B. or Kristel F. Riddervold) Section 10.3.1 LOD -2007- 44 Dear Mr. and Mrs. Riddervold: 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 118, Parcel 1 is a single parcel with five (5) development rights. The basis for this determination follows. Our records indicate Tax Map 118, Parcel 1 has 270.487 acres and contains 1 dwelling. The property is located in the Samuel Miller Magisterial District. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1736, page 97. This analysis begins with the deed of record in Deed Book 426, page 603 that is dated March 20, 1967. The deed conveyed 6 tracts from Burruss Land and Lumber Company, Inc. to Atlantic Lumber Company. Among these is Tract No. 1 described as being that certain parcel of land containing 371.2 acres and further described by reference to Deed Book 257, page 285. On the basis of this deed the 371.2 -acre parcel is determined to be a parcel of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 625, page 396, and is dated July 5, 1977. This deed conveyed 2 parcels from Kimberly -Clark Corporation to Owens - Illinois, Inc. Parcel No. 2 is described as being 6 parcels containing an aggregate of 954.9 acres. The parcels are also described by reference to Deed Book 426, page 603. A sketch of the parcel is contained in the County's real estate records. On the basis of this deed the 371.2 -acre parcel is determined to be a parcel of record with five (5) development rights. I: \DEPT\Community Development2oning & Current Development Div ision \Determinations of Parcel\2007 \118 -1 Riddervold LCD- 07- .doc Lief B. or Kristel F. Riddervold March 14, 2008 Page 2 Deed Book 915, page 520, dated December 4, 1986, conveyed 302.6334 acres from Owens - Illinois, Inc. to Ronald W. Harvey and Co. The property is shown on a plat by Fred C. Howell revised on October 20, 1986 titled "Plat Showing Parcel 3 -A Being Added to Become a Part of Parcels 1, 8 and 9. The Residue of 8 and 9 Are Hereby Combined." The property is further described as being a portion of the property conveyed by the deed of record in Deed Book 625, page 396. The plat noted that the portion of Parcel 1 that was being added to form the new tract contained 59.99 acres. As a result of this transaction the residue of the original 371.2 -acre tract contained 312.2 acres. The new tract is designated as Parcel 8A on Tax Map 117. The plat does not allocate the development rights of Parcel 1 between the 59 -acre portion added to the new tract and the 312.2 -acre residue. However, this matter was settled by an official determination dated May 18, 1995. The Zoning Administrator stated, "A portion of parcel 1 was added to comprise the current parcel 8A, however no development rights were given with this acreage." It is determined that while the area of the original 371.2 - acre parcel was reduced the resulting residue, containing 312.2 acres retained five (5) development rights. Deed Book 929, page 292, dated March 24, 1987, conveyed 4 tracts from Owens - Illinois, Inc. to OI Big Island Timber STS, Inc. Among them was Parcel No. 4 described as 954.9 acres but shown to contain 940.23 on a survey made by Paul M. Saunders. It is the same property conveyed by the deed of record in Deed Book 426, page 603, LESS AND EXCEPT 302.6334 acres conveyed to Ronald Harvey by the deed of record in Deed Book 915, page 520 and 5 acres conveyed to Mildred Critzer by the deed of record in Deed Book 878, page 636. This transaction had no effect on the 312.2 - acre parcel. Deed Book 1003, page 455, dated July 13, 1988, conveyed two tracts from Nekoosa Packaging Corporation to Rapidan Investment Group. One of them is described as the Burruss Tract containing 634.95 acres. The property is described as being Parcel No. 2 conveyed by the deed of record in Deed Book 625, page 396, LESS AND EXCEPT 5 acres conveyed by the deed of record in Deed Book 878, page 636 and 302.6334 acres conveyed by the deed of record in Deed Book 915, page 520. The deed also notes that OI Big Island Timber STS, Inc. changed its name to Nekoosa Packaging Big Island Timber Corporation. Nekoosa Packaging Big Island Timber Corporation was merged with and into Nekoosa Packaging Corporation. This transaction had no effect on the 312.2 -acre parcel. Deed Book 1120, page 150, dated August 31, 1990, conveyed 28.332 acres from Rapidan Investment Group to George Ragsdale. The property is described as being a portion of the property conveyed by Deed Book 1003, page 455 and as being a portion of the " Burruss Tract." The property is designated as Parcel A on a plat by Gary Whelan, dated August 13, 1990. This is a portion of the 312.2 -acre parcel that is the subject of this determination. The plat notes that no development rights are transferred with Parcel A. The residue is shown to be 283.868 acres. This acreage is assumed to have been calculated rather than determined by survey. (312.2 — 28.332 = 283.868) As a result of this transaction the acreage of the parcel was shown to have been I: \DEPT\Community Development\Zoning & Current Development Division \Determinations of Parcel\2007 \118 -1 Riddervold LOD- 07- .doc Lief B. or Kristel F. Riddervold March 14, 2008 Page 3 reduced from 312.2 acres to 283.868 acres. However, it had no effect on the development rights associated with the remainder of the parcel. Deed Book 1293, page 28, dated March 3, 1993, conveyed property from Rapidan Investment Group to John F. Woods and Roberta F. Woods. The property is described as being the 6 parcels conveyed by the deed of record in Deed Book 625, page 396, LESS AND EXCEPT (a) 5 acres conveyed by the deed of record in Deed Book 878, page 636, (b) 302.6334 acres conveyed by the deed of record in Deed Book 915, page 520 and (c) 28.332 acres conveyed by the deed of record in Deed Book 1120, page 150. The property is further described as being a portion of -the land conveyed by the deed of record in Deed Book 1003, page 455. This transaction had no effect on the 283.868 -acre parcel. Deed Book 1736, page 97, dated June 29, 1998, conveyed 270.487 acres from John F. Woods and Roberta F. Woods to Lief B. Riddervold and Kristel F. Riddervold. The property is shown on a plat by Trueline Surveying, Inc. dated July 8, 1998. It is further described as being a portion of the property conveyed by the deed of Rapidan Investment Group of record in Deed Book 1293, page 28. The property includes a 50- foot right of way shown on a plat attached to the deed of record in Deed Book 915, page 520. The discrepancy in acreage is attributed to the greater accuracy of the 1998 survey compared to the calculation that was based on a description in Deed Book 168, page 99 that was recorded in 1918. As a result of this transaction the acreage of the parcel was shown to have been reduced from 283.868 acres to 270.487 acres. However, it had no effect on the development rights associated with 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, John /Z—. epherd Manager of Zoning Administration IADEPT\Community Development\Zoning & Current Development Division \Determinations of Parcel\2007 \118 -1 Riddervold LOD- 07- .doc Lief B. or Kristel F. Riddervold March 14, 2008 Page 4 Copy: Gay Carver, Real Estate Supervisor McChesney Goodall, ACE Coordinator I: \DEPT\Community Development\Zoning & Current Development Division \Determinations of Parcel\2007 \118 -1 Riddervold LOD- 07- .doc