HomeMy WebLinkAboutLOD200200036 Letter of Determination 2002-12-11AL
L�RGIsk,
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126 TELEPHONE (434) 296-5832 TDD (434) 972-4012
December 11, 2002
Charles G. Jr. and Eleanor J. Sudduth
4349 Burnley Station Road
Barboursville, VA 22923
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map
22, Parcels 9, 1013, 12, 12A, & 16 and Tax Map 34, Parcel 51 (Property of Charles G. Jr.
and Eleanor J. Sudduth) Section 10.3.1
Dear Mr. and Ms. Sudduth:
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 the following tracts are
separate parcels of record with the noted development rights.
Tax Map 22, Parcel 9, containing 13.49 acres in Albemarle County has five (5) development
rights.
Tax Map 22, Parcel 10B, containing 4.48 acres has two (2) development rights.
Tax Map 22, Parcel 12, containing 69.14 acres has five (5) development rights.
Tax Map 22, Parcel 12A consists of two separate parcels:
(#1) The 31.19 -acre parcel located adjacent to Routes 641 and 644 has five (5) development
rights.
(#2) The 33.32 -acre parcel located to the west has four (4) development rights.
Tax Map 22, Parcel 16 consists of two separate parcels:
(#1) The 2.65 -acre parcel located on the east side of Route 644 has one (1) development right.
(#2) The 30.12 -acre parcel located to the south of Route 641 has five (5) development rights.
Tax Map 34, Parcel 51, containing 148.801 acres has five (5) development rights. These must
be used within the original 85.24 -acre parcel of record.
Charles G. Jr. and Eleanor J. Sudduth
December 11, 2002
Page 2 of 5
Our records indicate Tax Map 22, Parcel 9 contains 13.49 acres and one (1) dwelling. The
property is not in an Agricultural Forestal District. The most recent deed for this property is
recorded in Deed Book 1078, page 23.
Our records indicate Tax Map 22, Parcel 10B contains 4.48 acres and no dwellings. The
property is not in an Agricultural Forestal District. The most recent deed for this property is
recorded in Deed Book 1078, page 23.
Our records indicate Tax Map 22, Parcel 12 contains 69.14 acres and one (1) dwelling. The
property is not in an Agricultural Forestal District. The most recent deed for this property is
recorded in Deed Book 1078, page 23. The most recent plat for this parcel is recorded in Deed
Book 1864, page 457.
Our records indicate Tax Map 22, Parcel 12A contains 64.804 acres and no dwellings. The
property is not in an Agricultural Forestal District. The most recent deed for this property is
recorded in Deed Book 1078, page 23. The most recent plat for this parcel is recorded in Deed
Book 1626, page 689.
Our records indicate Tax Map 22, Parcel 16 contains 32.77 acres and no dwellings. The
property is not in an Agricultural Forestal District. The most recent deed for this property is
recorded in Deed Book 1078, page 23.
Our records indicate Tax Map 34, Parcel 51 contains 148.801 acres and one (1) dwelling. The
property is not in an Agricultural Forestal District. The most recent deed for this property is
recorded in Deed Book 1275, page 97. The most recent plat for this parcel is recorded in Deed
Book 1275, page 99.
This determination begins with Deed Book 659, page 74, dated August 31, 1978. This deed
conveyed three parcels from Dorothy F. Miskoe & William I. Miskoe to Charles G. Sudduth, Jr. &
Eleanor J. Sudduth. The parcels are described in part as follows:
(1) [12A] All that certain parcel of land containing 70.43 acres shown on the (then) present
tax map as Parcel 12A. The property is described as Tract B containing 30.87 acres
shown on a plat recorded in Deed Book 405, page 50 and Tract "A" containing 42.10
acres shown on the same plat remaining after the off conveyance of 2.54 acres shown
on a plat recorded in Deed Book 634, page 312.
(2) [1013] All that certain parcel containing 4.76 acres, the residue of a parcel of 5.28 acres
shown on the plat referenced above.
(3) [9] All that certain parcel of land containing 33.9 acres, situated partly in Albemarle
County and partly in Orange County.
Charles G. Jr. and Eleanor J. Sudduth
December 11, 2002
Page 3 of 5
The most recent instrument for the subject parcels of this determination recorded prior to the
date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is a Deed of
Trust recorded in Deed Book 659, page 81. This deed, dated November 9, 1978 encumbered
eight parcels of land, containing 304.36 acres owned by Charles G. Sudduth, Jr. & Eleanor J.
Sudduth. A plat of each parcel by William Roudabush is attached to the deed. The parcels are
described in part as follows:
Parcels 1 — 3 were conveyed to the Grantor by deed of Dorothy F. Miskoe & William I. Miskoe
dated August 31, 1978 recorded in Deed Book 659, page 74.
1. Tract "A" containing 42.89 acres and Tract "B" containing 31.19 acres, together
designated as [Tax Map 22, Parcel 12A], shown by attached plat dated October 26,
1978.
2. A tract of 37.61 acres, a portion of which is located in Orange County. The portion
located in Albemarle is designated as [Tax Map 22, Parcel 9], shown by attached plat
dated October 26, 1978.
3. A tract of 4.48 acres designated as [Tax Map 22, Parcel 10B] , shown by attached plat
dated October 26, 1978.
On the basis of this deed and Deed Book 659, page 74, Tax Map 22, Parcel 12A is
determined to be comprised of two separate parcels of record as provided in Section
10.3 of the zoning ordinance. Tax Map 22, Parcel 10B is determined to be a parcel of
record as provided in Section 10.3 of the zoning ordinance. The portion of Tax Map 22,
Parcel 9 situated in Albemarle County is determined to be a parcel of record as provided
in Section 10.3 of the zoning ordinance.
Parcels 4 — 7 constitute a portion of the property conveyed to the Grantor by (1) the deed of
George W. Mitchell, Jr. dated March 1, 1963, recorded in Deed Book 397, page 113, and (2)
deed of Elaine Brooks Burnett, dated December 16, 1963 recorded in Deed Book 397, page
118.
4. A tract of 69.20 designated as [Tax Map 22, Parcel 12], shown by attached plat dated
October 27, 1978.
5. A tract of 9.8 acres, designated as [Tax Map 22, Parcel 12] shown by attached plat
dated October 25, 1978. This property is now designated on Tax Map 22, Parcels 12C
and 12 D. These two lots are not part of this determination.
6. A tract of 2.65 acres, designated as [Tax Map 22, Parcel 16] shown by attached plat
dated October 25, 1978.
7. A tract of 30.12acres, designated as [Tax Map 22, Parcel 16] shown by attached plat
dated October 25, 1978.
Charles G. Jr. and Eleanor J. Sudduth
December 11, 2002
Page 4 of 5
On the basis of this deed and these plats, the portion of Tax Map 22, Parcel 12,
containing 69.20 acres is determined to be a parcel of record as provided in Section 10.3
of the zoning ordinance. Tax Map 22, Parcel 16 is determined to consist of two separate
parcels of record; one containing 2.65 acres and the other containing 30.12 acres.
Parcel 8 was conveyed to the Grantor by the deed of Mattie Lee Lamb, dated May 6, 1957 and
recorded in Deed Book 332 page 12.
8. A tract of 41.74 acres, and a tract of 43.50, together designated as [Tax Map 34,
Parcel 51] shown by attached plat dated October 27, 1978.
On the basis of this deed and plat, Tax Map 34, Parcel 51, is determined to be a single
parcel of record as provided in Section 10.3 of the zoning ordinance. Although this parcel
is bisected by the railroad track, it has been described and conveyed as a single parcel
since at least 1872.
Deed Book 1078, page 23, contains a Deed of Gift dated November 21, 1989. The deed
conveyed 313.18 acres from Charles G. Sudduth, Jr. & Eleanor J. Sudduth to Charles G.
Sudduth, Jr. & Eleanor J. Sudduth as their sole and equitable separate estates. The property is
described in part as three tracts as follows:
(1) 116.17 acres shown on Tax Map 22, Parcels 9, 10B, and 12A. Note that a portion of
Parcel 9 is located in Orange County. This is the same property conveyed to the
Grantors by the deed of Dorothy F. Miskoe & William I. Miskoe recorded in Deed Book
659, page 74.
(2) 111.77 acres shown on Tax Map 22, Parcels 12 and 16. This is the same property
conveyed to the Grantors by the deed of George W. Mitchell recorded in Deed Book
397, page 113.
(3) 85.24 acres shown on Tax Map 34, Parcel 51. This is the same property conveyed to the
Grantors by the deed of Mattie Lee Lamb recorded in Deed Book 333, page 12.
This transaction had no effect on the number of parcels or development rights of the property.
Deed Book 1275, page 97, dated November 16, 1992 conveyed 63.5615 acres from Bruce Van
Der Linde to Charles G. Sudduth, Jr. & Eleanor J. Sudduth. The property is shown on a plat by
Gary Whelan dated November 9, 1992. The property was added to Tax Map 34, Parcel 51. As a
result of this transaction, Parcel 51 now contains 148.8015 acres. No development rights were
conveyed with this transaction.
Deed Book 1275, page 101 contains a Deed of Trust dated December 3, 1992. This instrument
encumbered two parcels. Parcel One was the same property conveyed by the deed dated
November 21, 1989 and recorded in Deed Book 1078, page 23. Parcel Two is identified as
63.5615 acres conveyed by the deed of Bruce van der Linde recorded just prior hereto.
Deed Book 1509, page 216, dated December 7, 1995 conveyed a portion of Parcel 12A
containing 0.5452 from Charles G. Sudduth, Jr. & Eleanor J. Sudduth to Richard E. Friend &
Nancy L. Friend. The property is shown on a plat by Gary Whelan dated June 26, 1995. The
property was added to Tax Map 22, Parcel 15A from Tax Map 22, Parcel 12A. As a result of this
transaction, Parcel 12A now contains 73.5348 acres. No development rights were conveyed
with this transaction. This acreage must be considered approximate because the plat shows the
county line bisecting Parcel 12A.
Charles G. Jr. and Eleanor J. Sudduth
December 11, 2002
Page 5 of 5
Deed Book 1626, page 686, dated June 26, 1997 conveyed a portion of Parcel 12A containing
7.03 acres from Charles G. Sudduth, Jr. & Eleanor J. Sudduth to Joseph K. Sudduth. The
property is shown on a plat by Roger Ray dated November 27, 1991. As a result of this
transaction, the residue of Parcel 12A is shown to contain 67.05 acres and one (1) development
right. The 7.03 acres parcel is designated as Parcel 12B. A portion of the 0.5254 acres located
in Albemarle County and described above must be subtracted from the calculated acreage of
the residue.
Based on this history, each of these eight parcels is determined to contain 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, as many
parcels containing a minimum of twenty-one acres may be created from the parcels as they will
allow, if all other applicable regulations can be met. A chart showing the development potential
of these parcels is enclosed.
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
Attachment: Parcel locations
Copies: Gay Carver, Real Estate Supervisor
Ella Washington -Carey, Clerk to the Board of Supervisors
Ches Goodall, Acquisition of Conservation Easements Program Coordinator
DEVELOPMENT POTENTIAL OF PARCELS ON TAX MAP 22, Parcels 9, 10B, 12.
PARCEL TM/P
ACREAGE
DEVELOPMENT
RIGHT LOTS
2 ACRE MIN.
DIVISION
RIGHT LOTS
21 ACRE MIN.
TOTAL
POTENTIAL
PARCELS
22/9
13.49
5
0
5
22/10B
4.48
2
0
2
22/12
69.14
5
2
7
22/12A #1
31.19 - .5254 =
30.6646
5
0
5
22/12A #2
42.89 — 2.54 — 7.03 =
33.32
4
1
5
22/16 #1
2.65
1
0
1
22/16 #2
30.12
5
0
5
34/51
148.801
5
6
11
ALL PARCELS
333.191 +/-
32
9
41