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Home My WebLink AboutLOD200100021 Letter of Determination 2001-10-03October 3, 2001 Roger W. Ray 1717-213 Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 122, Parcel 12A and Tax Map 122, Parcel 31 (Property of Judith B. Bushkin) Section 10.3.1 Dear Mr. Ray: The County Attorney and I have reviewed the title information for the above -noted properties. It is the County Attorney's advisory opinion and my official determination that Tax Map 122, Parcel 12A is comprised of three (3) separate parcels. Old Lot 6 contains five (5) theoretical development rights. Old Lot 7 contains (five) 5 theoretical development rights. The portion of Old Lot 8 contains 3 theoretical development rights. Tax Map 122, Parcel 31 is comprised of five (5) separate parcels. Old Lot 1 contains five (5) theoretical development rights. Old Lot 2 contains five (5) theoretical development rights. Old Lot 3 contains five (5) theoretical development rights. Old Lot 4 contains five (5) theoretical development rights. Old Lot 5 contains five (5) theoretical development rights. The basis for this determination is provided below. Our records indicate Tax Map 122, Parcel 12A contains 95.886 acres and no (0) dwellings.The most recent deed for this parcel is recorded in Deed Book 1216, page 236. The parcel is not in an Agricultural and Forestal District. Our records indicate Tax Map 122, Parcel 31 contains 203.757 acres and two (2) dwellings. The most recent deed for this parcel is recorded in Deed Book 1216, page 236. The parcel is not in an Agricultural and Forestal District. Deed Book 279, page 384, dated June 19, 1948, divided five tracts of land totaling 194.1 acres between J. Harris Phillips & Mallie V. Phillips and Grant Baker & Pauline W. Baker. These parcels are shown on a plat by Hugh F. Simms recorded in Deed Book 269, page 328 — 329. In this transaction Gene Baker obtained Lots 6 and 7 and a small I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\122- 12A & 31 Whitehall.doc Whitehall Farm October 3, 2001 Page 2 portion off the eastern boundary of Lot 8, composing in the aggregate 94 3/4 acres. This property is now identified as Parcel 12A on Tax Map 122. Deed Book 449, page 131 is the most recent deed for both Parcel 12A and Parcel 31 recorded prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980). This deed, dated August 6, 1968 conveyed approximately 300 acres known as Whitehall Farm from Wilfred Lloyd -Reese & Eirwen H. Lloyd -Reese to Kuhrt Wieneke & Helen L. Wieneke. The deed notes that the tract is composed of two parcels of land described in part as follows: Parcel #1: All that certain parcel of land containing 205.5 acres, more or less, situated on the West side of State Highway 20, now known as No. 795, and more particularly described as Lots 1, 2, 3, 4 and 5 on a plat made by Hugh F. Simms and Son, which is recorded the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 269, page 329. This parcel is the same property as that conveyed to Wilfred Lloyd -Reese & Eirwen H. Lloyd -Reese by deed dated February 25, 1952, recorded in said Clerk's Office in Deed Book 299, page 304. Lots 1, 2, 3, 4 and 5, shown on the above referenced plat, recorded in Deed Book 269, page 329 comprise what is now identified as Parcel 31 on Tax Map 122. Parcel #2: All that certain parcel of land adjacent to Parcel #1 containing 94 3/4 acres, more or less, situated on the East side of State Route 712 (also known as Rectory Road), as shown and designated on a plat made by Hugh F. Simms and Son, C.L.S., dated June, 1948 which is recorded in said Clerk's Office in Deed Book 279, page 386. This parcel is composed of Lots 6 and 7 and a small portion off the eastern boundary of Lot 8, as shown on the aforementioned plat in said Clerk's Office in Deed Book 269, page 329. This parcel is the same property as that conveyed to Wilfred Lloyd -Reese & Eirwen H. Lloyd -Reese by deed dated June 18, 1952, recorded in said Clerk's Office in Deed Book 301, page 7. Lots 6 and 7 and a small portion of Lot 8 shown on the above referenced plat, recorded in Deed Book 269, page 328 comprise what is now identified as Parcel 12A on Tax Map 122. This is the same property conveyed to Baker by deed recorded in Deed Book 279, page 384, Deed Book 724, page 36, dated August 11, 1981 conveyed approximately 300 acres known as Whitehall Farm from Kuhrt Wieneke & Helen L. Wieneke as tenants by the entirety to Kuhrt Wieneke & Helen L. Wieneke as tenants in common. This is the same IADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\122- 12A & 31 Whitehall.doc property conveyed to Wilfred Lloyd -Reese & Eirwen H. Lloyd -Reese by deed dated August 6, 1968, recorded in Deed Book 449, page 131. The property is described in Whitehall Farm October 3, 2001 Page 3 this deed as being composed of two parcels. Parcel #1 containing 205.5 acres and comprised of Lots 1, 2, 3, 4 and 5 on the plat by Hugh Simms recorded in Deed Book 269, page 329. Parcel #2 containing 94 3/4 acres and comprised of Lots 6, 7 and a small portion of 8 on a plat by Hugh Simms recorded in Deed Book 269, page 328. The description also references Deed Book 279, page 384, dated June 19, 1948 Deed Book 1216, page 236, dated March 12, 1992 conveyed approximately 300 acres from the estate of Helen L. Wieneke to Judith B. Bushkin. This is the same property conveyed from Kuhrt Wieneke & Helen L. Wieneke as tenants by the entirety to Kuhrt Wieneke & Helen L. Wieneke as tenants in common. Again, the property is described in this deed as being composed of two parcels. Parcel #1 containing 205.5 acres and comprised of Lots 1, 2, 3, 4 and 5 on the plat by Hugh Simms recorded in Deed Book 269, page 329. Parcel #2 containing 94 3/4 acres and comprised of Lots 6, 7 and a small portion of 8 on a plat by Hugh Simms recorded in Deed Book 269, page 328. Attached to this deed is a plat by Gloeckner & Osborne, Inc., dated November 21, 1988 showing the property as 299.643 acres and being comprised of Lots 1, 2, 3, 4, 5, 6, 7 and a small portion of 8. There have been no off -conveyances from either Parcel 12 A or Parcel 31 since this transaction. None of the above transactions served to combine the lots. Therefore, Lots 1, 2, 3, 4, 5, 6, 7 and a 6.5 acre portion of Lot 8 shown on plats recorded in Deed Book 269, pages 328 - 329 and Deed Book 1216, pages 240 - 241 are determined to be "parent parcels", each with a full compliment of development rights. These parcels are 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, a "parent parcel" may create as many 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 $95. The date notice of this determination was given is the same as the date of this letter. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\122- 12A & 31 Whitehall.doc If you have any questions, please contact me. Whitehall Farm October 3, 2001 Page 4 Sincerely, John Shepherd Manager of Zoning Administration Copies: Judith B. Bushkin 6670 Blenheim Road Scottsville, VA 24590 James J. Egan 1515 Jefferson Davis Highway Arlington, VA 22202 Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files lADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\122- 12A & 31 Whitehall.doc