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HomeMy WebLinkAboutLOD200500022 Legacy Document 2014-03-27aL ti X 1!- � tIRGINZ�FJ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 21, 2005 Fred Gunnels 42 Maplevale Drive Palmyra, VA 22963 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 111A1, Parcel 12 (Property of Robert T. Freeman or Patricia Mullins Freeman) Section 10.3.1 Dear Mr. Gunnels: 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 111 Al, Parcel 12 has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 111 Al, Parcel 12 contains 10.4 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3055, page 655. Deed Book 161, page 45, dated October 2, 1915, conveyed a parcel from S. B. Yates to C. W. Mullin. The parcel is described as containing 20 acres. A plat that is attached to the deed notes that the parcel contains 10.4 acres. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 405, page 177 and is dated August 1, 1963. This deed conveyed two tracts from Charles W. Mullins and Ada G. Mullins to Fulton P. Mullins and Edith C. Mullins. Tract #1 is described as containing 1/2 acre and further described by reference to Deed Book 116, page 23, Deed Book 133, page 244 and Deed Book 138, page 195. This is designated as Parcel 15 on Tax Map 111 Al and is not a part of this determination. C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\847.doc Fred Gunnels September 21, 2005 Page 2 Tract #2 is described as containing 20 acres, more or less, and is further described by reference to Deed Book 161, page 45. On the basis of this deed, this tract is determined to be a parcel of record with five (5) development rights. The discrepancy between the deed description of 20 acres and the plat notation of 10.4 acres is not reconciled. Deed Book 1689, page 133, dated August 4, 1997, conveyed a tract from Fulton P. Mullins and Edith Mullins to Robert T. Freeman and Patricia Mullins Freeman. As in prior deeds, the parcel is described as containing 20 acres. It is further described by reference to Deed Book 405, page 177. This transaction had no effect on the legal status or on the development rights of the parcel. Deed Book 3055, page 655 contains a Deed of Correction between Robert T. Freeman and Patricia Mullins Freeman as both Grantors and Grantees. The deed references a boundary survey by Roger W. Ray and Assoc. that shows the property contains 13.54 acres. The plat references Deed Book 1689, page 133 and the plat in Deed Book 161, page 46. The plat notes that there is no intent to extinguish or combine any existing parcels of record. A copy of the plat was submitted with this request but was not recorded with this deed. While this transaction corrected the acreage it had no effect on the legal status or on the development rights of the parcel. This parcel is 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 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 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 C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\847.doc Fred Gunnels September 21, 2005 Page 3 Copies: Robert T. Freeman and Patricia Mullins Freeman 16291 Black Run Road Orange, VA 22960 Gay Carver, Real Estate Supervisor C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\847.doc