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Home My WebLink AboutLOD200200023 Letter of Determination 2002-10-16October 16, 2002 Tara Rowan Boyd LeClair Ryan, A Professional Corporation 123 East Main Street 8t" Floor Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 18, Parcel 17E (Property of Jeffrey F. and Corinne S. Buckalew) Section 10.3.1 Dear Ms. Boyd: 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 18, Parcel 17E is comprised of two separate parcels. One parcel contains 10.476 acres as shown on a plat recorded in Deed Book 655, page 237. The other parcel contains 124.51 +/- acres and is the residue of the parcel shown on this same plat. Each of these parcels has five (5) development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 18, Parcel 17E contains 134.987 acres and two dwellings. The property is not in an Agricultural Forestal District. The tax map indicates the location of the 10.476 acre parcel but does not identify it by number. The most recent deed for this property is recorded in Deed Book 1882, page 586. Deed Book 655, page 239, dated August 25, 1978 conveyed 10.476 acres from Salem Corporation to Cornelia M. Brooks. The property is shown on a plat by R. O. Snow and Associates, dated May 22, 1978 that is attached to a road maintenance agreement recorded prior to this deed on page 237. The residue was shown to contain 124.51 +/- acres. The most recent deed for the 10.476 acre parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is recorded in Deed Book 679, page 769. This deed, dated August 28, 1979, conveyed 10.476 acres from Cornelia M. Brooks & James Hall Brooks to James Hall Brooks & Cornelia M. Brooks as \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\18- 17E Buckalew.doc tenants by the entirety and not as tenants in common. This is the same property in all respects as was conveyed by Deed Book 655, page 239. On the basis of this deed the Jeffrey F. and Corinne S. Buckalew October 16, 2002 Page 2 10.476 -acre portion of Parcel 17E on Tax Map 18 is determined to be a parcel of record as provided in Section 10.3 of the zoning ordinance. The most recent deed for the 124.51 acre parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is recorded in Deed Book 679, page 771. This deed, dated August 28, 1979, conveyed 124.51 acres from Salem Corporation to James Hall Brooks & Cornelia M. Brooks. This is the same property identified as the residue on a plat by R. O. Snow and Associates dated May 22, 1978 that was conveyed by Deed Book 655, page 237. On the basis of this deed the 124.51- acre portion of Parcel 17E on Tax Map 18 is determined to be a parcel of record as provided in Section 10.3 of the zoning ordinance. On September 17, 1979 the owner requested that the County's Supervisor of Assessments tax the two parcels as a single property since they were under common ownership. This request was granted and parcels were combined on the tax map. This action neither recombined the two separate legal parcels nor extinguished any rights attached to either of them. Deed Book 1723, page 639, dated June 17, 1998 conveyed an undivided 50% interest in two certain pieces of property from Cornelia M. Brooks & James Hall Brooks to James Hall Brooks and an undivided 50% interest in two certain pieces of property from Cornelia M. Brooks & James Hall Brooks to Cornelia M. Brooks as tenants in common. The two parcels are described in Exhibit A as being the same parcels conveyed in Deed Book 679, page 769 and page 771. This transaction had no effect on the development rights associated with the parcels. Deed Book 1844, page 493, dated July 30, 1999 conveyed two parcels from James Hall Brooks & Cornelia M. Brooks to Herbert Zeltner & Morissa C. Zeltner. The two parcels are described separately. These are further described as being the same parcels that were conveyed by the deed recorded in Deed Book 1723, page 639. This transaction had no effect on the development rights associated with the parcels. Deed Book 1882, page 586, dated December 13, 1999 conveyed two parcels from Herbert Zeltner & Morissa C. Zeltner to Jeffrey F. Buckalew & Corinne S. Buckalew. The two parcels are described separately. These are further described as being the same parcels that were conveyed by the deed recorded in Deed Book 1844, page 493. This transaction had no effect on the development rights associated with the parcels. County records indicate there have been no off -conveyances since this transaction. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\18- 17E Buckalew.doc Jeffrey F. and Corinne S. Buckalew October 16, 2002 Page 3 Based on this history, each of these two parcels is determined to contain five (5) 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, as many parcels containing a minimum of twenty-one acres may be created from the 124.51 -acre parcel as it will allow, if all other applicable regulations can be met. 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 Copies: Jeffrey F. or Corinne S. Buckalew 125 West 76th Street, Apt. 5B New York, NY 10023 Gay Carver, Real Estate Department, Ella Cary Reading Files \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\18- 17E Buckalew.doc