Loading...
HomeMy WebLinkAboutLOD201000009 Letter of Determination 2011-12-05j ��IRGINIP , COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 -P -hone -(434) 296=5832 Fax (43.4)_972-4126 February 9, 2011 Barracks Road Land Trust - -- - - c/o Dr. Charles W. Hurt, Trustee -- - 195 Riverbend Drive Charlottesville, VA 22911 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Flap 60, Parcel 68 (Property of Barracks Road Land Trust) Jack Jouett Magisterial District Dear Dr. Hurt: 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 60, Parcel 68 has one (1) theoretical development right, but cannot be further subdivided. The basis for this determination follows. Our records indicate Tax Map 60, Parcel 68 contains 21.815 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 2392, page 512. This analysis begins with the deed of record in Deed Book 553, page 300 that is dated May 31, 1974. The deed conveys 58 acres, more or less, from C. Bruce Morton, 11 and Virginia M. Morton, husband and wife, to James L. Jessup. This property is what is known as Tax Map 60, Parcel 68. Plat Book 564, page 74, shows a plat by William S. Roudabush, Jr., CLS, dated July, 1974 showing "Parcel 68, Tax Map 60 containing 57.96 acres" as being the same property as was acquired by James L. Jessup by Deed Book 553, page 300. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 687, page 603, and is dated December 31, 1979. The deed conveyed 16 acres from what was known as Tax Map 60, Parcel 68, leaving the residue of 41.96 acres. (Based on this deed, Tax Map 60, Parcel 68 was then a parcel of record with five (5) theoretical development rights. Deed Book 930, page 637, dated February 12, 1987, conveyed, among other lands, 41.90 acres, more or less, from James L. Jessup estate to James L. Jessup, Jr. and Suzanne Jessup Staton as Trustees. The property is described as being the same as 11 was conveyed by Deed Book 553, page 300, less the 16 acres conveyed by Deed Book 687, page 603. This transaction had no effect on the parcel. _-_ Deed Book 1666, page 318, dated December 28, 1997, conveyed 41.90 acres from James L. Jessup, Jr. and Suzanne Jessup_Staton, Trustees, to Charles Wm. Hurt and Shirley L. Fisher, Trustees of the Barracks Road Land Trust. The property is described as being the same as was conveyed by Deed Book 930, page 637. This transaction had no effect on the parcel. ---Deed Book 1807, page 303, dated April 9, 1999, shows 9.275 acres taken -from - Barracks Road Land Trust by the Virginia Department of Transportation for the right-of- way of the proposed limited access highway (Western By -Pass). The property is described and shown as being from the same as was conveyed by Deed Book 1666, page 318. This transaction had the effect of splitting the parcel into two separate pieces, but had no effect on the development rights. - Deed Book 2369, page 405, dated January 28, 2003, is a Certificate of Plat showing a subdivision of "Lot 3" of 2.03 acres leaving a residue of 28.465 acres in Parcel 68 of Tax Map 60, This transaction had the effect on the parcel of assigning three (3) development rights to the residue of TM 60-68, provided they not total more than 7.465 acres when used. Deed Book 2369, page 734, dated January 28, 2003, conveyed 2,19 acres from the Barracks Road Land Trust to the Trustees of St. David's Anglican Church. The property is described as being a portion of the same as was conveyed by Deed Book 1666, page 318. This transaction had no effect on the parcel other than to refer to the November 10, 2000 plat of this lot which used up one of the original development rights of Tax Map 60, Parcel 68. Deed Book 2392, page 512, dated February 27, 2003, is a Certificate of Plat showing a subdivision of "Lot 2" of 6.65 acres leaving a residue of 21.815 acres in Parcel 68 of Tax Map 60. This transaction had the effect on the parcel of assigning two (2) development rights to "Lot 2", leaving one (1) theoretical development right with the parent parcel, Tax Map 60, Parcel 68. The plat states "The residue of T.M. 60- 68 may not be further divided." This prevents further subdivision because the development rights lot would require at least 2 acres and would leave the residue with less than the minimum 21 acres required for another new lot. Deed Book 2445, page 616, dated April 30, 2003, conveyed 3.81 acres of "Revised Lot 2" from Barracks Road Land Trust to Colthurst Land Trust. The property is described as being a portion of the same as was conveyed by Deed Book 1666, page 318. A plat is included which subdivides "Lot 2", utilizing each of its two development rights on separate lots. This transaction had no effect on Tax Map 60, Parcel 68. 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 2 right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. -_-_(f you are aggrieved_ by this determination, you have aright toappealit 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. - Therdate-notice-ofthis determination was:given-is the- same of -,this letter. -- If you have any questions, please contact me. Sincerely,', bald L. Higgins, AICP Chief of Zoning/Deputy Zoning Administrator Copy: Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors 3