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Home My WebLink AboutLOD200300030 Letter of Determination 2003-10-29October 29, 2003 Stephen Nicholson 1440 Corktree Lane Charlottesville, VA 22901 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 43, Parcels 33B, 33D, 34 and 34A (Property of Robert H. Harris, Jr., Betty H. Barker and Elna H. Yongue) Section 10.3.1 Dear Mr. Nicholson: 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 43, Parcel 33D is a parcel of record with five (5) theoretical development rights. Tax Map 43, Parcel 34 is comprised of three separate parcels. Former Parcel 34A, containing approximately'/4 acre is a nonconforming parcel of record with one (1) theoretical development right. Former Parcel 33B, containing approximately 1 acre is a nonconforming parcel of record with one (1) theoretical development right. The residue of Parcel 34, containing 9.34 minus the area of Parcels 34A and 33B acres is a parcel of record with either three (3) or four (4) theoretical development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 43, Parcel 33D contains 34.237 acres and one dwelling. The property is in the Mormans River Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 447, page 154. Our records indicate Tax Map 43, Parcel 34 contains 9.34 acres and one dwelling. The property is in the Mormans River Agricultural Forestal District. The most recent deed for this property is recorded in Will Book 82, page 719. Our records indicate Tax Map 43, Parcel 33B is carried as an inactive parcel that was combined with Parcel 34. Our records indicate Tax Map 43, Parcel 34A is carried as an inactive parcel that was combined with Parcel 34. The analysis for Parcel 33D begins with Deed Book 447, page 154, dated August 15, 1968. By this deed Earl K. Crowl and Helen E. Crowl conveyed 26.237 to Robert H. \\cob_fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\43-33D & 34 Nicholson.doc Stephen Nicholson October 29, 2003 Page 2 Harris and Gertrude B. Harris. The property is shown on a plat by William S. Roudabush, dated November 29, 1960, recorded in Deed Book 364, page 193. On the basis of this deed, it is determined that this parcel, 43/33D, was a separate parcel of record at the time of this conveyance. The analysis for Parcels 33B, 34A and 34 begins with Deed Book 533, page 433, dated July 17, 1973. That deed conveyed real estate from Mittie L. Walton to Francis W. Thomas, and Ruby W. Hott, Trustees for Mittie L. Walton. The property is described, in part, as follows: All lots, parcels and tracts of land in Albemarle County..... including but not limited to: (a) The portion still owned by Mittie L. Walton on July 17, 1973, of the approximately 57 acres of land on the west side of Route 601, which was conveyed to C.F. Walton and Mittie L. Walton on July 3, 1925. (A sketch in the County's real estate files show the 57 acres as being comprised of current Parcels 34A through 34F and all of Parcel 34 with the exception of the former Parcel 33113.) (b) All of the real estate described in four deeds recorded in the following deed books at the pages shown: (1) Deed Book 195, page 171 (This deed conveyed a strip of land along the west side of Route 601 when it was relocated.) (2) Deed Book 314, page 303 (This deed conveyed Parcel 34A to C.F. and Mittie Walton.) (3) Deed Book 320, page 193 (This deed conveyed Parcel 33B to C.F. and Mittie Walton.) (4) Deed Book 352, page 9 (This deed conveyed Parcel 34A to C.F. Walton.) It is determined that this deed establishes Parcels 34A, 33B and 34 as separate parcels of record on the date of its recordation. Deed Book 689, page 715, dated February 21, 1980 conveyed 3 acres from Francis W. Thomas and Ruby W. Holt, Trustees under Agreement with Mittie L. Walton to Robert H. Harris. The parcel is more particularly described on a plat by William S. Roudabush, dated February 14, 1980. The plat is attached as part of this deed. The plat is titled, \\cob_fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\43-33D & 34 Nicholson.doc Stephen Nicholson October 29, 2003 Page 3 "Plat showing boundary and division of parcels 33B, 34 & 34A, Tax Map 43 / 3.00 acre parcel to be added to & become a part of parcel 33D / Tax Map 43 / near Woodsons Store..." The 3 acres is a portion of Parcel 34. It is determined that the 3 -acre tract was not created as a separate parcel. The plat identifies Parcel 33B and Parcel 34A as separate parcels. As a result of this transaction, Parcel 33D contained 29.237 acres. The residue of Parcel 34 plus the acreage of Parcels 34A and 33B contained a total of 14.34 acres. Deed Book 695, page 228, dated June 4, 1980 conveyed 3 acres from Francis W. Thomas and Ruby W. Holt, Trustees under Agreement with Mittie L. Walton to Robert H. Harris. The parcel is more particularly described on a plat, referenced above by William S. Roudabush, dated February 14, 1980 and revised on May 21, 1980. The 3 acres is also a portion of Parcel 34. It is determined that the 3 -acre tract was not created as a separate parcel. The plat again identifies Parcel 33B and Parcel 34A as separate parcels. As a result of this transaction, Parcel 33D contained 32.237 acres. The residue of Parcel 34 plus the acreage of Parcels 34A and 33B contained a total of 11.34 acres. The most recent deed for this property recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 705, page 708, dated November 12, 1980. This deed conveyed two acres from Francis W. Thomas and Ruby W. Holt, Trustees under Agreement with Mittie L. Walton to Robert H. Harris. The parcel is more particularly described on the above referenced plat by William S. Roudabush, dated February 14, 1980 and revised on November 18, 1980. The plat is attached as part of this deed. The deed further describes the two acre parcel as being located east of two 3 acre parcels conveyed by the Grantors to the Grantee by deeds recorded in Deed Book 689, page 715 and Deed Book 695, page 228. The property conveyed by this deed is a portion of the property conveyed to the Grantors from Mittie L. Walton by the deed recorded on Deed Book 533, page 443. The 2 acres is also a portion of Parcel 34. It is determined that the 2 -acre tract was not created as a separate parcel. The plat again identifies Parcel 33B and Parcel 34A as separate parcels. As a result of this transaction, Parcel 33D contained 34.237 acres. The residue of Parcel 34, plus the acreage of Parcels 34A and 33B contained 9.34 acres. Based on this deed, Tax Map 43, Parcel 331), containing 34.237 acres is determined to be a parcel of record with five (5) theoretical development rights. Parcel 34 is determined to be comprised of three separate parcels. Tax Map 43, Parcel 34A, as shown on the plat is a parcel of record with one (1) development right. Tax Map 43, Parcel 3313, as shown on the plat is a parcel of record with one (1) development right. The residue of Parcel 34 is a parcel of record. It has either three (3) or four (4) development rights, depending on the acreage of the parcel. There have been no off -conveyances since the recordation of this deed. This finding is supported by a document in the County real estate history files that indicates that \\cob_fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\43-33D & 34 Nicholson.doc Stephen Nicholson October 29, 2003 Page 4 Parcels 33B, 34 and 34A were combined after the three off conveyances from Parcel 34. The 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. 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: Robert H Harris, Jr., Betty H. Barker & Elna H. Yongue 2718 Free Union Road Charlottesville, VA 22901 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\2003\43-33D & 34 Nicholson.doc