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HomeMy WebLinkAboutLOD200200031 Letter of Determination 2002-06-10June 10, 2002 Roger W. Ray 1717-213 Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 71, Parcel 27 (Property of Steven L. and Codie C. Peters) Section 10.3.1 Dear Mr. Ray: 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 71, Parcel 27 is comprised of two separate parcels. Parcel One, containing 49.1 acres and described in Deed Book 2160, page 608 contains three (3) theoretical development rights. Parcel Two, containing 0.193 acres and described in Deed Book 2160, page 608 contains no development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 71, Parcel 27 contains 49.293 acres and 1 dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2160, page 608. The most recent deed for the 49.1 acre parcel prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 453, page 473. The most recent deed for the 0.193 acre parcel prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 500, page 458. Deed Book 453, page 473, dated January 20, 1969 conveyed 64 1/10 acres from Lewis V. Woods & Mary P. Woods to Sylvester C. Webb & Doris M. Webb. The property is further described as being all that certain lot, piece or parcel of land with all improvements shown on plat by Higgs and Shumate dated January 20,1969. This deed states this is the same property conveyed on August 21, 1957, recorded in Deed Book 334, page 261. On the basis of this deed, this 64.1 acre parcel is determined to be a lot of record as provided in Section 10.3 of the zoning ordinance. \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\71-27 Peters.doc Deed Book 500, page 458, dated September 16, 1971 conveyed 0.193 from Newman R. Burch & Doris Burch, Charles W. Burch & Virginia Burch, Warren A. Burch and Peters Determination June 10, 2002 Page 2 Lavonia B. Hawes to S. C. Webb. The property is further described as being all that tract or parcel shown on plat dated August 30, 1971, made by William Roudabush. The plat is titled, "Plat showing a parcel of land containing 0.193 acres to be acquired by S. C. Webb from Charles W. Burch to be used as access to State Route 637 located near Miller School Albemarle County Virginia." The County approved this plat on September 7, 1971. The zoning ordinance in effect at that time, adopted on December 22, 1969, required a minimum lot area of two acres for single family dwellings; therefore, this parcel could not have been created as a lawful building lot. Rather, this parcel was created as a special lot, for the express sole purpose of access. This lot is in a class with well lots, cemetery lots and other special use lots created for a specific limited purpose. It is determined that this 0.193 acre parcel is not a lot of record as provided in Sections 10.3 and 10.3.1 of the Zoning Ordinance. As used in those sections, it is reasonably implied that a lot of record must be one that was established as a building lot. Thus, it is determined that the 0.193 acre parcel, established for access purposes only, does not have a development right. Deed Book 717, page 451, dated May 20, 1981 conveyed 15 acres from Sylvester C. Webb & Doris M. Webb to Gary G. Webb & Pamela S. Webb. The property is describec as being more particularly set forth on a plat prepared by Tom Shumate dated January 19, 1981. The deed states this is a portion of the same property that was conveyed on August 21, 1957, recorded in Deed Book 334, page 261. The deed makes no reference to the 0.193 acre strip conveyed in Deed Book 500, page 458. Deed Book 754, page 238 is a certificate of plat dated December 23, 1982. It contains the plat by Tom Shumate dated January 19, 1981 and revised on January 20, 1981 that is referenced in the above deed, dated May 20, 1981. The County approved the plat on November 17, 1982. The 15 acre parcel, now Parcel 27A was assigned two development rights. The 49.1 acre residue retained three development rights. The residue is not subject to the "31 acre rule" provided in Section 10.3.1 because this transaction occurred prior to November 8, 1989. Deed Book 2160, page 608, dated December 18, 2001 conveyed a certain tract of land described in Schedule A from Doris M. Webb to Steven L. Peters and Codie C. Peters. Schedule A describes this tract as two parcels: PARCEL ONE: All that certain lot, piece or parcel of land containing 64.1 acres with all improvements shown on plat by Higgs and Shumate dated January 20, \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\71-27 2 Peters.doc 1969, recorded in Deed Book 453, page 475, LESS AND EXCEPT 15 acres conveyed in Deed Book 717, page 451. Peters Determination June 10, 2002 Page 3 PARCEL TWO: All that tract or parcel of land containing 0.193 acres shown on the plat recorded in Deed Book 500, page 460. There have been no off -conveyances since the recordation of this deed. Based on this history, this property is determined to consist of two parcels. The 49.1 acre parcel is 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 parcels 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 right lots, the parcel may create as many smaller parcels containing a minimum of twenty- one acres as it has land to make. The 0.193 acre parcel does not have a development 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 $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: Steven L. and Codie C. Peters 2920 Doctors Crossing Charlottesville, VA 22911-5732 \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\71-27 3 Peters.doc Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files \\cob_fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\71-27 Peters.doc