HomeMy WebLinkAboutLOD201100013 Letter of Determination 2012-03-05COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
March 2, 2012
Jeremy Manning -Smith
P0BOX 109
Keswick VA 22947
RE: LOD2011-00013 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS - Tax Map 82, Parcel 1 and Parcel 4 (Property of JEREMY
MANNING -SMITH) Rivanna Magisterial District
Dear Mr. Manning -Smith:
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 82, Parcel 1
is comprised of four (4) parcels of record with a total of nineteen (19) theoretical development
rights and Tax Map 82, Parcel 4 is comprised of one (1) parcel of record with five (5) theoretical
development rights. The basis for this determination follows.
Our records .indicate Tax Map 82 Parcel 1 contains 104.64 acres and one (1) dwelling and Tax
Map 82 Parcel 4 contains 40.1275 acres and zero (0) dwellings. The properties are zoned RA,
Rural Areas.
The most recent deed for Parcel 1, recorded prior to December 10, 1980, the date of adoption
of the Zoning Ordinance, is recorded in Deed Book 391, page 271 dated August 30, 1963, and
for Parcel 4 an official determination was completed on May 21, 2008 and outlines the deeds.
PRIOR TO DECEMBER 10. 1980 (TMP 82-1) as 104.64ac
Deed
Date
Parcel Change
Description
Acres
Book / Pae
N SEE DESCRIPTION ABOVE
Y or N
327/336
09/15/1956
391/271
08/30/1963
N
All that certain tract or parcel, containing 104.64 acres, more
104.64
or less
389/523
06/26/1963
N
All those 2 certain tracts or parcels of land, containing 104.64
104.64
acres, more or less
379/231
06/06/1962
N
All those 2 certain tracts or parcels of land, containing 104.64
acres, more or less as designated and described on the plat
104.64
attached to this deed. One tract is the property conveyed by
2 deeds, DB 87 P 145 and DB 81 P 367 and DB 327 P 336.
The remaining tract is described as the same property
conveyed in DB 375 P 484 further described as 40.75 acres.
PRIOR TO DECEMBER 10. 1980 (TMP 82-1) 40.00ac portion
Deed
Book / Pae
Date
Parcel Change Description
Y or N
Acres
379/231
06/06/1962
N SEE DESCRIPTION ABOVE
104.64
327/336
09/15/1956
N First: All those two parcels containing 8-58/100 acres and 15 acres,
40
as conveyed in DB 81 P 367. Second: All that certain tract of
land, containing 40 acres, as conveyed in DB 87 P 145
March 2, 2012
LOD-2011-00013
Page 2 of 3
87/145
07/05/1886
N
All that certain tract of land, containing 40 acres, as conveyed
in DB66P73
40
66/73
07/15/1860
N
All that certain tract of land, containing 40 acres
40
PRIOR TO DECEMBER 10. 1980 (TMP 82-1) 8.58ac portion
Deed
Date
Parcel Change
Description
Acres
Book / Pae
06/06/1962
Y or N
SEE DESCRIPTION ABOVE
104.64
379/231
06/06/1962
N
SEE DESCRIPTION ABOVE
104.64
327/336
09/15/1956
N
First: All those two parcels containing 8-581100 acres and 15
8.58 & 15
130/364
04/17/1905
N
acres, as conveyed in DB 81 P 367. Second: All that certain tract
40.75
of land, containing 40 acres, as conveyed in DB 87 P 145
81/367
01/03/1883
N
Conveyed the following parcels of land, containing 8 58/100 acres
8.58 & 15
as conveyed by deed dated 9/10/1868 and 15 acres as conveyed
b deed dated 12/21/1870
09/10/1868
N
Conveyed the following parcel of land, containing 8 58/100ac
8.58
PRIOR TO DECEMBER 10. 1980 (TMP 82-1) 15.00ac portion
Deed
Date
Parcel Change
Description
Acres
Book / Pae
06/06/1962
Y or N
SEE DESCRIPTION ABOVE
104.64
379/231
06/06/1962
N
SEE DESCRIPTION ABOVE
104.64
327/336
09/15/1956
N
First: All those two parcels containing 8-581100 acres and 15
8.58 & 15
130/364
04/17/1905
N
acres, as conveyed in DB 81 P 367. Second: All that certain tract
40.75
of land, containing 40 acres, as conveyed in DB 87 P 145
81/367
01/03/1883
N
Conveyed the following parcels of land, containing 8 58/100 acres
8.58 & 15
as conveyed by deed dated 9/10/1868 and 15 acres as conveyed
by deed dated 12/21/1870
12/21/1870
N
Conveyed the following parcel of land, containing 15 acres
15
PRIOR TO DECEMBER 10, 1980 TMP 82-1 40.75ac portion
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
379/231
06/06/1962
N
SEE DESCRIPTION ABOVE
104.64
375/484
01/19/1962
N
All that certain tract of land, containing 40 3/4acres
40.75
155/23
1/10/1914
N
All that certain tract of land, containing forty and % acres (40
:Y4), more or less
40.75
130/364
04/17/1905
N
All that certain tract or parcel of land, containing forty and 3/
acres 40 3/ , more or less
40.75
AFTER DECEMBER 10, 1980 (TMP 82-1)
Deed
Date
Parcel Change
Description
Acres
Development
Book / Pae
Y or N
Per deeds and/or plats
Rights
1296/47
03/12/1993
N
Certain tract or parcel of land,
104.64
19
containing 104.64 acres, more or less
See breakdown
On the basis of these deeds Tax Map 82, Parcel 1 is determined to be comprised of four
4parcels of record;
A 40.00 acre"- parcel, containing five (5) development rights. Shown on MAP A.
An 8.58 acre+- parcel, containing four (4) development rights. Shown on MAP A.
A 15.00 acre"- parcel, containing five (5) development rights. Shown on MAP A.
A 40.75 acre*"" parcel, containing five (5) development rights. Shown on MAP A.
March 2, 2012
LOD-2011-00013
Page 3 of 3
AFTER DECEMBER 10. 1980 (TMP 82-4)
Deed
Date
Parcel Change
Description
Acres
Development
Book / Pae
Y or N
Per deeds and/or plats
Rights
OFFICIAL DETERMINATION OF
05/21/2008
Y
PARCELS AND DEVELOPMENT
45
5
RIGHTS is completed. This
determination identified Lot #2 as a 45
acre parcel of record
3608/293
06/10/2008
Y
Special Commissioners deed conveying
80.2551 determined to
a''Y2 interest each in 108.72ac to Jeremy
be all or portions of Lots
Lot #2
Manning -Smith and David Bivings
2, 3, 5, and 6 as
5 (40.1275ac)
Bonham
described in the May
2008 determination.
3676/9
12/30/2008
Y
Deed of partition and boundary line
The plat notes the
adjustment adding 4.1717ac to TMP 82-
acreage after the
4A from the 44.2992ac leaving
boundary adjustment to
5 (40.1275ac)
40.1275ac
be 40.1275ac and the
development rights for
Lot #2 as being the
same as was
determined in the
OFFICIAL
DETERMINATION letter
of 5/21/2008
On the basis of these deeds and the letter of official determination of parcels and
development rights, Tax Map 82 Parcel 4 is determined to be a 40.1275 acre parcel that
contains five (5) development rights.
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.
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 $240. 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.
Sincere)
Francis H. MacCall
Senior Planner
Copy: Mary Hammond, Real Estate
Ella Jordan, Clerk of the Board of Supervisors
Ches Goodall, ACE Program Coordinator
TM -P Acreage
Division rights for 21 Development
acre minimum parcels rights
82-1 104.64
2 19
82-4 40.1275
1 5