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HomeMy WebLinkAboutLOD200100027 Letter of Determination 2001-10-17October 17, 2001 Jason K. Pollock P.O. Box 271 Batesville, VA 22924 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 71, Parcel 26, Tax Map 85, Parcel 21, Tax Map 85, Parcel 22B and Tax Map 85A, Parcel 1. (Property of Jason K. Pollock known as Lochwood Farm) Section 10.3.1 Dear Mr. Pollock: 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 71, Parcel 26 contains five (5) theoretical development rights. Tax Map 85 Parcel 21 contains no (0) theoretical development rights. Tax Map 85, parcel 22B contains six (6) theoretical development rights; five within the original Parcel 21 and exclusive of the 8.91 acres shown on the plat at Deed Book 721, page 514 and one within the original Parcel 22B. Tax Map 85A, parcel 1 contains one (1) theoretical development right associated with the original Parcel 1 on Tax Map 85A. The basis for this determination is provided below. Our records indicate Tax Map 71, Parcel 26 contains 21.730 acres and no (0) dwellings. The most recent deed for this parcel is recorded in Deed Book 1642, page 554. The parcel is included in the Batesville Agricultural and Forestal District. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 595, page 413, The deed, dated May 17, 1976, conveyed 21.73 acres from Virginia Parker to Lee R. Johnston & Margaret S. Johnston. It is described as the same property conveyed to Herman and Virginia Parker by deed recorded in Deed Book 508, page 455. A more detailed description is provided in that deed. This 21.73 acre tract is a parent parcel. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\85-21 & 22B & 85A-1 & 71-26 Pollock ACE.doc Deed Book 508, page 455, dated June 15, 1972, conveyed 21.73 acres from Joe R. Headstream & Dorothy L. Headstream to Herman M. Parker & Virginia C. Parker. The Jason Pollock October 17, 2001 Page 2 deed references a plat by Hugh F. Simms dated August 1943 that is recorded in Deed Book 258, page 59. The parcel is described as being as being that portion of the property shown on said plat lying west of the present Scottsville Turnpike, now Route 692, except that portion containing 2.74 acres shown on a plat attached to a deed to Lee R. Johnson and wife and except that portion lying west of Route 692 shown on a plat attached to said deed to Fredrick Davidson and wife. This 2.74 acre parcel is identified on Tax Map 85 as Parcel 22B. Deed Book 1496, page 36, dated September 12, 1995, is a deed of assumption between Lee R. Johnston & Margaret S. Johnston to Lee R. Johnston & Margaret S. Johnston and Lee Robert Johnston, Trustee of the Lee Robert Johnston Revocable Trust and to Margaret Schuster Johnston, Trustee of the Margaret Schuster Johnston Revocable Trust. The deed conveyed an undivided one-half interest in Parcels One, Two, Three and Four. Parcel Four is described as containing 21.73 acres and as being the same property conveyed by deed recorded in Deed Book 595, page 413. Deed Book 1642, page 554, dated September 11, 1997, conveyed the four parcels identified in Deed Book 1496, page 36 from Margaret S. Johnston, as Trustee of the Lee Robert Johnston Revocable Trust and as Trustee of the Margaret Schuster Johnston Revocable Trust to Jason K. Pollock. The description of Parcel Four states the tract contains 21.73 acres and that it is designated as Tax Map 71, Parcel 26. There have been no off conveyances since this transaction. Therefore, this parcel is determined to have five (5) theoretical development rights. Our records indicate Tax Map 85, Parcel 21 now contains 42.0 acres and no (0) dwellings. The most recent deed for this parcel is recorded in Deed Book 1993, page 250. The parcel is included in the Batesville Agricultural and Forestal District. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 499, page 197. The deed, dated December 16, 1971, conveyed 113 acres from James H. Nay & Margaret H. Nay to Lee R. Johnston & Margaret S. Johnston. This deed included a plat by Thomas Blue, dated November 2, 1971, of two parcels containing in the aggregate 7.18 acres. The 113 acre tract is the residue of Parcel 21 after the off -conveyance of these two lots (Parcel 21 C and Parcel 21 B). The 113 acre tract is the parent parcel. Deed Book 721, page 512, dated July 17, 1981, conveyed 8.9 acres from Herbert W. Stuart & Patricia B. Stuart to Lee R. Johnston & Margaret S. Johnston. This land was shown an a plat by R. O. Snow revised on June 18, 1981. The plat carried the following \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\85-21 & 22B & 85A-1 & 71-26 Pollock ACE.doc note: "The 8.91 acre parcel is not to become an individual parcel but is to be added to and to become a portion of Parcel 21, T.M. 85. No division rights are assigned with the Jason Pollock October 17, 2001 Page 3 8.91 acre tract from the Herbert W. Stuart property." The resulting acreage was not indicated on the plat. It is assumed to be 121.91 acres. Deed Book 1496, page 36, dated September 12, 1995, is a deed of assumption and is described above. The deed conveyed an undivided one-half interest in Parcels One, Two, Three and Four. Parcel One is described as containing 120 acres less and except two tracts containing in the aggregate 7.18 acres and as the same property conveyed by deed recorded in Deed Book 499, page 197. Deed Book 1642, page 554, dated September 11, 1997, is described above. It conveyed four parcels identified in Deed Book 1496, page 36 from Margaret S. Johnston, as Trustee of the Lee Robert Johnston Revocable Trust and as Trustee of the Margaret Schuster Johnston Revocable Trust to Jason K. Pollock. Parcel One is described as containing 120 acres less and except two tracts containing in the aggregate 7.18 acres and as the same property conveyed by deed recorded in Deed Book 499, page 197. Deed Book 1993, page 250 is a certificate of a plat, by Roger W. Ray dated November 5, 2000, showing the lands of Jason K. Pollock acquired by Deed Book 1496, page 36. This plat conveyed Parcel X containing 22.97 acres from Tax Map 85, Parcel 21 to Tax Map 85A, Parcel 1. No development rights were transferred with parcel X. This plat also conveyed Parcel Y, containing 53.97 acres, and five development rights from Parcel 21 to Parcel 22B. As a result of this transaction, Parcel 21 retained 42 acres and no (0) development rights. Our records indicate Tax Map 85, Parcel 22B now contains 56.710 acres and no (0) dwellings. The most recent deed for this parcel is recorded in Deed Book 1993, page 250. The parcel is included in the Batesville Agricultural and Forestal District. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 508, page 451. The deed, dated June 15, 1972 conveyed 2.74 acres from Joe R. Headstream & Dorothy L. Headstream to Lee R. Johnston & Margaret S. Johnston. The subdivision plat by Thomas Blue, dated June 8, 1972, was approved on June 14, 1972. This 2.74 acre parcel is a parent parcel. Deed Book 1642, page 554, dated September 11, 1997, is described above. It conveyed four parcels identified in Deed Book 1496, page 36 from Margaret S. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\85-21 & 22B & 85A-1 & 71-26 Pollock ACE.doc Johnston, as Trustee of the Lee Robert Johnston Revocable Trust and as Trustee of the Margaret Schuster Johnston Revocable Trust to Jason K. Pollock. Parcel Two is described as containing 2.74 acres and is the same property conveyed by the deed recorded in Deed Book 508, page 451. Jason Pollock October 17, 2001 Page 4 Deed Book 1642, page 554, dated September 11, 1997, is described above. It conveyed four parcels identified in Deed Book 1496, page 36 from Margaret S. Johnston, as Trustee of the Lee Robert Johnston Revocable Trust and as Trustee of the Margaret Schuster Johnston Revocable Trust to Jason K. Pollock. Parcel Two is described as containing 2.74 acres and is the same property shown on the plat by Thomas Blue recorded in Deed Book 508, page 453. Deed Book 1993, page 250 is a certificate of a plat, by Roger W. Ray dated November 5, 2000, showing the lands of Jason K. Pollock acquired by Deed Book 1496, page 36. This plat conveyed Parcel X containing 22.97 acres from Tax Map 85, Parcel 21 to Tax Map 85A, Parcel 1. No development rights were transferred with parcel X. This plat also conveyed Parcel Y, containing 53.97 acres, and five development rights from Parcel 21 to Parcel 22B. As a result of this transaction, Parcel 22B now contains 56.71 acres and six (6) theoretical development rights. One of these development rights is associated with the original Parcel 22B and five of these rights are associated with the original Parcel 21. The parent parcel does not include the 8.91 acres conveyed by the plat recorded in Deed Book 721, page 514. Our records indicate Tax Map 85A Parcel 1 now contains 22.97 acres and two dwellings. The most recent deed for this parcel is recorded in Deed Book 1993, page 250. The parcel is included in the Batesville Agricultural and Forestal District. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 583, page 585. This deed, dated October 24, 1975 conveyed two tracts of land from Fredrick Davidson & Janis L. Davidson to Jay A. Rothenberger & Sara D. Rothenberger. One of the parcels is described in part as all that certain lot of one (1) acres, more or less, located on the South fork of the Mechum River in Batesville. This 1 acre lot is a parent parcel. Deed Book 1874, page 664, dated April 5, 1999, conveyed 1 acre from Jay A. Rothenberger & Sara D. Rothenberger to Jason Pollock. It is described as being a portion of the property conveyed to the parties of the first part by deed of Frederick and Janice Davidson, dated October 24, 1975 and recorded in Deed Book 583, page 585. Deed Book 1993, page 250 is a certificate of a plat, by Roger W. Ray dated November 5, 2000, showing the lands of Jason K. Pollock acquired by Deed Book 1496, page 36. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\85-21 & 22B & 85A-1 & 71-26 Pollock ACE.doc This plat conveyed Parcel X containing 22.97 acres from Tax Map 85, Parcel 21 to Tax Map 85A, Parcel 1. No development rights were transferred with parcel X. As a result of this transaction, Tax Map 85A, Parcel 1 now contains 23.99 acres and one theoretical development right associated with the original Parcel 1. Jason Pollock October 17, 2001 Page 5 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. Effective January 2002, the 42 acre parcel will be identified as TM/P 85/21 D, the 23.99 acre parcel will be identified as TM/P 85/21 and the 56.71 acre parcel will be identified as TM/P 85/22B. 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. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors McChesney Goodall, ACE Program Coordinator Reading Files Attachment: Plat by Roger W. Ray & Assoc., Inc. dated November 5, 2000 \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\85-21 & 22B & 85A-1 & 71-26 Pollock ACE.doc