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Home My WebLink AboutLOD200900014 Letter of Determination 2010-03-01^1 p� A L�LJ�r w O X_ 9� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 -----Phonc_(434)_296 5832 _--- -:_--. - ___._ Fax (434) 972-4126 February 22, 2010 Richard G. "Lee" Rasmussen, III 250 East High Street Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS --Tax Map 113, Parcel 6C1 (Property of Maria T. Kluge Trustee of the Featheridge Trust) Scottsville Magisterial District Dear Mr. Rasmussen: 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 113, Parcel 6C1 is a parcel of record and has no (0) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 113, Parcel 6C1 contains 34.34 acres and one dwelling. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3763, page 622. This analysis begins with the deed of record in Deed Book 634, page 583 that is dated October 25, 1977. This deed.conveys to John H. Field, 296.8 acres, more or less, the boundaries being shown on the plat of record in Deed Book 324, page 458, dated June 14, 1956. This deed is also the most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. Based on this deed, Tax Map 113, Parcel 6, the parent parcel, is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 1025, page 320, dated October 25, 1988, conveyed the 296.8 acres from John H. and Eileen M. Field, husband and wife, to Ketchum & Company, L.P. The property is described as being the same as was conveyed by Deed Book 634, page 583. This transaction had no effect on the parent parcel. Deed Book 1114, page 52, dated July 20, 1990, conveyed 7.01 acres from Ketchum & Company, L.P. to B. Noland Carter,ll. The property is described as being a portion of 1 the same as was conveyed by Deed Book 1025, page 320 and as shown on a Plat of Roger W. Ray & Assoc., dated 7/20/90. This conveyance resulted in four (4) j - - - 'theoretical development rights being retainedon theresidueof Tax Map 113,-- - -- Parcel 6. Deed Book 1123, page 24, dated August 30, 1990, conveyed 55.34 acres from Ketchum & Company, L.P. to Charles Michael and Karen Beth Moffitt, husband and wife. The property is described as being a portion of the same as was conveyed by Deed Book 1025, page 320 and shown on a plat of Roger W. Ray & Associates, dated August 28, X990. This transaction had no effecfon the theoretical development --------- --- rights of Tax Map 113, Parcel 6 and conveyed no such rights to the 55.34 acres. Deed Book 1215, page 700, dated April 4, 1992, is a Certificate of Plat showing the 55.34 acres of Charles Michael & Karen Beth Moffitt divided into a 21 acre parcel and a 34.34 acre residue. The property is described as being the same as was conveyed by Deed Book 1123, page 24. This Certificate of Plat establishes Tax Map 113, Parcel 6C1, the 34.34 acre residue, as a parcel of record with no other theoretical development rights. Deed Book 1251, page 5, dated August 10, 1992, conveyed 55.34 acres from Ketchum & Company, L.P. to C. Michael & Karen Moffitt, husband and wife. The property is described as being the same property as was conveyed by Deed Book 1123, page 24. This transaction had no effect on the theoretical development rights of Tax Map 113, Parcel 6C1. Deed Book 1376, page 289, dated January 5, 1994, conveyed 55.34 acres from Charles Michael & Karen Beth Moffitt, husband and wife to JWK Properties, Inc. The property is described as being the same as was conveyed by Deed Book 1123, page 24 and shown as two parcels on the Certificate of Plat in Deed Book 1215, page 700. This transaction had no effect on the parcel. Deed Book 2322, page 602, dated November 22, 2002, conveyed 55.34 acres from JWK Properties, Inc. to Maria T. Kluge. The property is described as being the same as was conveyed by Deed Book 1376, page 289. This transaction had no effect on the parcel. Deed Book 3763, page 622, dated June 29, 2009, conveyed 55.34 acres from Maria T. Kluge to Maria T. Kluge, Trustee of the Featheridge Trust . The property is described as being the same as was conveyed by Deed Book 2322, page 602. This transaction had no effect on the parcel. 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 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 2 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 an)�q-aresttmrs-,)please contact me. Sincepe Iy, R Id L. Wiggins, AICP Chief of Zoning Copy.- Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors 3 101 102 103 v3°�, 'N6p i 113-2A 1. B27 i N o _..:....._ // i 1j32 f 'QF Rid •�:Fj,Pf1i.. _ ;.:�, � i 3 � '1% \ j `.. V t �� cow ��•\j+ 1 a �P \ �� \ 12 I ' � v \ is 11K 174-3'� !� S o Cb � N y; 113-11 173-17F2 77� 7 77j 7707 LO �---7/' \ 3-1161 i \ !SRO ... Z- .. ... .... .... / , 122-1 113-11A C�, °w % 113-11G 9pFR `. ' 122-13 ,' i 122-13 / 121 — - — -- -- -- -- - --.. ---1 — 122 123 Albemarle Count �� ap: Scale V I tlet. , oUU :,CDU 'J 1�1^ F w Note /his map is for display purposes only and snows parcels as of 12/31/2008 �\C t Suc Map (look Introduction for additional details