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HomeMy WebLinkAboutLOD200200034 Letter of Determination 2002-07-19July 19, 2002 Linda Lloyd 8624 Schuyler Road Schuyler, VA 22969 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 126, Parcel 31 L (Property of Mitchell O. Carr) Section 10.3.1 Dear Ms. Lloyd: 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 126, Parcel 31 L is comprised of two separate parcels; one containing 17.5 acres and the other containing 19 acres and 1.2 acres. These are shown on a worksheet by Saunders Surveys attached to this determination. Both of these parcels contain five (5) theoretical development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 126, Parcel 31 L contains 38.0 acres and no dwellings. The property is not in an Agricultural Forestal District. On June 17, 1999 the Deputy Zoning Administrator determined that the portion of what was then Parcel 3, located between the track bed of the Nelson and Albemarle Railway Company and State Route 800, containing approximately 38 acres, excepting Parcels 33F, 34B and 34 C, was one parcel with five theoretical development rights. This was identified as Parcel 3 in that determination. You have submitted new survey and deed information for our consideration of the number of development rights and parcels for Parcel 31 L. The tax map depicts Parcel 31 L as a contiguous parcel. However, the worksheet by Saunders Surveys shows that Parcels 34C and 33F actually share a common boundary. Consequently, these parcels physically separate the 17.5 acre portion of Parcel 31 L from the 19.5 acre portion of Parcel 31 L into two tracts; one containing 17.5 acres and the other, a 19 acre tract and a 1.2 acre tract that was separated as the result of the realignment of State Route 800. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\126- 31 L Lloyd.doc This worksheet is consistent with a subdivision plat recorded in Deed Book 183, page 480. This deed, dated July 5, 1923 conveyed 22.1 acres from J. S. Harris to Virginia Linda Lloyd July 19, 2002 Page 2 Alberene Corporation. The property is described as being part of a larger tract and is shown on a plat by M. M. VanDoran, Deputy Surveyor of Albemarle County. This 22.1 acres contains the 19 acre tract, the 1.2 acre tract and the portion of State Route 800 shown on Saunders Surveys worksheet. The determination dated June 17, 1999 established that Parcel 31 L was a lot of record based on the deed recorded in Deed Book 602, page 225. That was the most recent deed for this property recorded prior to the adoption of the ordinance. That deed, dated August 9, 1976 conveyed 1599 acres from The Georgia Marble Company to Mitchell Carr and S. Vance Wilkins, LESS AND EXCEPT several parcels, including what was identified as Parcel 17. Parcel 17 is an off -conveyance that was a portion of land conveyed by deed recorded in Deed Book 162, page 175, described as all land lying between old Route 6 on the southwest to the new Route 6 to the northeast and Route 800 on the southeast, and LESS AND EXCEPT 11.790 acres conveyed to Thomas Beasley by deed recorded contemporaneously with this deed. This 11.790 acres is shown on a plat recorded in Deed Book 485, page 408 and was subsequently divided into Parcels 34, 34A, 34B and 34C. It is now understood that Parcel 17 in this deed covers only the 17.5 acres shown on the Saunders Surveys Worksheet. Parcel 16 in this deed covers the 19 acre tract and the 1.2 acres tract acquired by Virginia Alberene Corporation by a separate deed recorded in Deed Book 183, page 480. Therefore, on the basis of this deed, Parcel 16 and Parcel 17 are determined to be two separate lots of record as provided in Section 10.3 of the zoning ordinance. There have been no off -conveyances since the recordation of this deed. Both of these 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 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. 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. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\126- 31 L Lloyd.doc If you have any questions, please contact me. Linda Lloyd July 19, 2002 Page 3 Sincerely, John Shepherd Manager of Zoning Administration Enclosure: Saunders Surveys Work Sheet Copies: Mitchell O. Carr P.O. Box 1528 Waynesboro, VA 22980 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\126- 31 L Lloyd.doc