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HomeMy WebLinkAboutLOD200500035 Legacy Document 2014-03-27COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 December 7, 2005 John Griffin Zobrist Law Group 3 Boar's Head Lane Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 136, Parcel 13 (Property of Nasrollah and Kristie R. Fatehi) Section 10.3.1 Dear Mr. Griffin: 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 136, Parcel 13 has three (3) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 136, Parcel 13 contains 40.320 acres and one dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2791, page 139. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 627, page 521 and dated August 4, 1977. The deed conveyed 112.43 acres from George W. Tapscott and others to Charles W. Helwig and Margaret A. Helwig. The property is shown as three separate parcels on a plat by Robert Lum, dated July 31, 1977. Parcel 1, the subject of this determination, contained 46.09 acres. On the basis of this deed the 46.09 -acre tract is determined to be a parcel of record with five (5) development rights. Book 872, page 723, dated April 2, 1986, conveyed 3.485 acres from Charles W. Helwig and Margaret A. Helwig to Gary V. Williams and Brenda L. Williams. The property is described as being a portion of the land conveyed by the deed of record in Deed Book 627, page 521. The lot is shown on a plat by Robert Lum, dated March 5, 1986. The plat notes that 1 development right was used and 4 development rights are remaining. As a result of this transaction Parcel 13 contained 42.605 acres and four development rights. Book 1048, page 128, dated May 10, 1989, conveyed 42.605 acres from Charles W. Helwig and Margaret A. Helwig to Robert R. Foster. The property is described as being the 46.09 -acre tract conveyed by the deed of record in Deed Book 627, page 521, less CAinetpub\wwwroot\cityviewlazerfiche_i nteg ratio n\tem pdocholder\859.doc John Griffin December 7, 2005 Page 2 the tract of 3.485 acres conveyed by the deed of record in Deed Book 872, page725. This transaction had no effect on the development rights of Parcel 13. Book 1180, page 449, dated October 2, 1991, conveyed 2.002 acres from Robert R. Foster to Jeffrey C. Schmick and Christie L. Schmick. The property is described as being a portion of the tract conveyed by the deed of record in Deed Book 1048, page 128. The lot is shown on a plat by B. Aubrey Huffman & Associates, LTD, dated September 17, 1991. The plat notes that Parcel 13 retains 3 development rights, not to exceed 19.603 acres total. As a result of this transaction Parcel 13 contained 40.603 acres and three development rights. The note regarding the 19.603 -acre limitation was placed on the plat in error and is not binding because the 3.485 - acre lot was off -conveyed prior to November 8, 1989. Book 1364, page 65, dated October 27, 1993, conveyed 0.148 acres from Robert R. Foster to Jeffrey C. Schmick and Christie L. Schmick. The property is described as being a portion of the tract conveyed by the deed of record in Deed Book 1048, page 128. The land is shown on a plat by B. Aubrey Huffman & Associates, LTD, dated September 1, 1993. The plat notes that Parcel 13 retains 3 development rights, not to exceed 19.455 acres total. This transaction reduced the size of Parcel 13 to 40.455 acres. It had no effect on the development rights of Parcel 13. The note regarding the 19.455 -acre limitation is not binding. Book 1637, page 649, dated August 26, 1997, contains a boundary adjustment between Edith Hawranke & Stephen Hawranke and Robert R. Foster. The transaction is shown on a boundary and physical survey of Parcel 13 by Roger W. Ray & Assoc., Inc. The plat notes the property contains 40.32 acres (less graveyard). The property is described as being a portion of the tract conveyed by the deed of record in Deed Book 1048, page 128. This transaction reduced the size of Parcel 13 to 40.32 acres. It had no effect on the development rights of Parcel 13. Book 1637, page 655, dated August 1, 1997, conveyed 40.32 acres from Robert R. Foster to James C. Norwood, Jr. and Joan M. Norwood. The property is described as being that which is shown on a physical survey of Parcel 13 by Roger W. Ray & Assoc., Inc. recorded just prior hereto. The property is further described as being a portion of the tract conveyed by the deed of record in Deed Book 1048, page 128. This transaction had no effect on the size or on the development rights of Parcel 13. Book 2791, page 139, dated July 2, 2004, conveyed 40.32 acres from James C. Norwood, Jr. and Joan M. Norwood to Nasrollah Fatehi and Kristia R. Fatehi. The property is described as being that which is shown on a plat by Roger W. Ray & Assoc., Inc. of record in Deed Book 1637, page 652. This transaction had no effect on the size or on the development rights of Parcel 13. 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 C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\859.doc John Griffin December 7, 2005 Page 3 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 Copy: Gay Carver, Real Estate Supervisor Nasrollah and Kristia R. Fatehi 1224 Crystal Lake Circle Virginia Beach, VA 23451 C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\859.doc