HomeMy WebLinkAboutLOD201700010 Action Letter 2017-07-12COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 229024596
Phone 434 296-5832 Fax 434 972-4126
May 17, 2017
Roger W Ray & Associates, Inc.
663 Berkmar Court
Charlottesville VA 22901
RE: LOD2017-000010 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 139A0-00-00-01900 (Property of JAMES E CREWS)
Samuel Miller Magisterial District
Dear Mr. Ray:
The County Attorney and I have reviewed the title information for the above -noted properties. It is
the County Attorney's advisory opinion and my official determination that
Parcel ID 139AO-00-00-01900 is comprised of three (3) parcels of record, with a total of three (3)
theoretical development rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 139A0-00-00-01900
contains 2.89 acres and zero (0) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 139AO-00-00-01900, recorded before the December 10,
1980, adoption of the Zoning Ordinance is found in Deed Book 439, page 108 dated October 31,
1967.
BEFORE DECEMBER 10, 1980
Parcel ID 139AO-00-00-01900 (2 acre portion)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
91 / 480
04/23/1889
N
... and lot of about two acres of land, more or less... said lot
2.0
or parcel of land lies on the Northern ridge of the Street or
road leading from the ferry on the James River
and is bounded by the said Street or road in front, by the
land of Mrs. George A Sangreat and the James River on
the East and on the other parts by the land of H. C. Bragg
and wife...
179 / 579
06/19/1922
Y
...all of that certain lot or parcel of land... known as the
"Library" property and bounded and described as follows...
Approx.
Beginning... North 42 feet... eastwardly direction 81 feet...
0.078ac
South 42 feet... westerly direction 81 feet to the point of
beginning.
(42ft X 81ft X
This deed creates a small lot for transfer to the
42ft X 81ft)
son of the grantor. The description identifies a
corner that starts on the described owner's
2.0 - 0.078
property and follows lines of the known
=
adjacent owner and the grantor. It is
Approx.
determined per the description that this is a
1.922
portion of the parcel described in DB 91 P 460
May 17, 2017
LOD-2017-00010
Page 2 of 5
!
as the grantor owned the property described in l
i
DB 91 P 460 at the time of this deed.
According to the current owner, the described
I
4
!
"Library" parcel Is shown on a map provided to i
4
Roger W Ray & Associates.
4151432
112/01/1966
N I
...that certain parcel of land,... containing 2.50 acres, more
or less, and being made up of two contiguous parcels as
follows:
I
(1) A parcel of 2 acres, more or less, which was
Approx.
conveyed... in DB 91 P 480.
1.922
(2) A parcel of one-half an acres, more or less, which was i
.50
i
conveyed... in DB 130 P 186. I
416 / 324
03/1611966
N
...all that certain parcel of land,... and containing 2.50
Approx.
I
acres, more or less; and being in all respects the same
1.922
i
property which was devised to John T. Irving by the will of
of the
Ida Turner Irving in WB 42 P 598. By deed... in DB 415 P
described
432.
2.50
4161464
04/12/1966
N ...a11 that certain parcel of land,... and containing 2.50
Approx. i
acres, more or less; and being the same property in all
I 1.922 I
respects conveyed... in DB 416 P 324
4 of the
i
described
2.50
4391108
10/31/1967 N All that certain tract or parcel of land... and containing 2.50
Approx.
acres, more or less; and being the same property in all
1.922
respects was conveyed... in DB 416 P 464
of the
described
I
i
2.500
BEFORE DECEMBER 10, 1980
Parcel ID 139AO-00-00-01900 (Libra
4 Deed Date Parcel Change Description Acres l
Book 1 Page I Y or N
17111579 01/1911922 Y ...all of that certain lot or parcel of land... known as the
' "Library" property and bounded and described as follows... I Approx.
Beginning... North 42 feet... eastwardly direction 81 feet... I 0.078ac
South 42 feet... westerly direction 81 feet to the point of
beginning. 4X
2ft X 81ft)
This deed creates a small lot for transfer to the
son of the grantor. The description identifies a
corner that starts on the described owner's
property and follows lines of the known
adjacent owner and the grantor. It is evident
per the description that this is a portion of the
parcel described in DB 91 P 460, as the grantor
owned it at this time.
According to the current owner, the described
"Library" parcel is shown on a map provided to
Rover W Ray & Associates.
May 17, 2017
LOD-2017-00010
Page 3of5
BEFORE DECEMBER 10, 18sg
Parcel ID 139AO-00-00-01900 (.50 acres
Deed Date
Parcel Change Description
Acres
Book / Page
Y or N
129 / 151 09/15/1904
Y ...those two certain lots of land... just South of the village of
Howardsville, lying on the East side of the road from
2.0 in
Howardsville to the ferry on James River, and containing 2
two lots
acres, be the same more or less, and being a part of the real
estate which formerly belonged to C.F. May... devised by
One being
him by his last will and testament...
the .50
acres
130 / 186 03/07/1905
N WHEREAS... DB 129 P 151... conveyed... two certain lots
of land... containing Two (2) acres more or less... AND
WHEREAS said Irving and Turner desire to make partition of
said real estate...
FIRST,... front of about 63yds on the west... a depth along
the south... of about 67yds... with a width in rear, that is on
the east of about 41 yds,... on the North... of about 78yds.;
and
SECONDLY. ...the residue of said real estate in the
Approx.
preamble described, lying just North, that is towards the
06424
village of Howardsville of the lot hereinbefore conveyed to
J.C. Turner Jr., and bounded as follows, On the West for a
(24yds X
distance of about 24 yds along the road from Howardsville
78yds X
to the ferry on James River, thence south along the line of
28yds X
said Turner lot for a distance of about 78 yds., thence
80yds)
northward or in rear for a distance of about 28 yds., thence
along the line of J.K. Irving store lot on the North for a
distance of about 80 yds, to said road from Howardsville to
the James River Ferry.
The reference to "Two (2) acres more or less"
appears that it is much less than 2 acres for
these two tracts. A new survey will be needed to
Identify the actual acreage within the described
boundaries c f each of these two parcels, in
particular, the second description.
415 / 432 02/01/1966
N that certain parcel of land,... containing 2.50 acres, more
or less, and being made up of two contiguous parcels as
follows:
(1) A parcel of 2 acres, more or less, which was conveyed...
2
in DB 91 P 480.
(2) A parcel of one-half an acre, more or less, which was
.50
conveyed... in DB 130 P 186.
(Approx.
0.424
416 / 324 03/16/1966
N ...all that certain parcel of land,... and containing 2.50 acres,
(Approx.
more or less; and being in all respects the same property
0.424)
which was devised to John T. Irving by the will of Ida Turner
of the
Irving in WB 42 P 698. By deed.., in DB 415 P 432.
described
2.50
416 / 464 04/12/1966
N ...all that certain parcel of land,... and containing 2.50 acres,
(Approx.
more or less; and being the same property in all respects
0.424)
conveyed... in DB 416 P 324
of the
described
2.50
May 17, 2017
LOD-2017-00010
Page 4 of 5
43911011 10/31/1967 N All that certain tract or parcel of land... and containing 2.50 (Approx. I
acres, more or less; and being the same property in all I 0.424) i
respects was conveyed... in DB 416 P 464 of the
described
i I 2.50 i
AFTER DECEMBER 10, 1980
Parcel ID 139AO-00-00-01900 t1.5 acre
Deed Date Parcel Change I Description
Book/ Page Y or N
Acres
Development
Rights
WB 106
08/06/2003
N Last will and testament of Charles R Baber Approx.
P 576
I i
I devising his interest in 2.50 acres to the current 1.922
1
owner James E. Crews Approx.
i
i 0.078
I 1
I Approx.
0.424
1
3573 / 714 02/27/2008
1 N l
... all the following described real estate, to -wit:
i
i
1
PARCEL A:...
Approx.
PARCEL 13: All that certain lot or parcel of land,...
1.922
1
i
containing Two and one/half (2.5) acres, more or
Approx.
'
; less, said lands being the aggregate residues of
0.078
1
two lots conveyed in... DB 439 P 108... said lands
Approx.
being known as Albemarle County Tax Map
0.424
1
#1 39AO-00-00-01 900.
PARCEL C:
By these deeds
Parcel ID 139AO-00-00-01900 is determined to be three (3) parcels of record, comprised of
the following;
Approximately 1.922 acres"-, containing one (1) development right,
Approximately 0.078 acres"-, containing one (1) development right, and
Approximately 0.424 acres+-, containing one (1) development right.
If a survey is completed and new acreage totals are identified, then each of the identified
parcels will still include one development right.
The 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 parcel of
record 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 (30) days of
this notice, in accordance with Virginia Code'§ 15.2-2311. If you do not file a timely appeal, this
determination shall be final and un-appealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the
Board of Zoning Appeals, in accordance with Chapter 18, Section 34.3 of the Albemarle County
Code, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing.
May 17, 2017
LOD-2017-00010
Page 5 of 5
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Albemarle County Code. They may be reviewed online at
www. albemarle.ora/countvcodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.org/cdapps.)
If you have any questions, please contact me.
Sincere
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcels of record
Copy: Sheila Conrad, Real Estate
Travis Morris, Senior Clerk of the Board of Supervisors
Owner:
TMP 139A-19
James E Crews
247 Circle C Farm Drive
Dillwyn VA 23936
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ROGER W. RAY & ASSOC., INC.
663 BERKMAR COURT
CHARLOTTESVILLE, VIRGINIA 22901
telephone: (434) 293-3195
fax. (434) 293-4202
e-mail: rwrinc@earthlink.net
Brian S. Ray, LS
Roger W. Ray, LS
March 4, 2017
Albemarle County Zoning Department
401 McIntire Road
Charlottesville, Virginia 22903
Re: James Crews
Land Surveyors
Land Planners
This Official Determination of Parcels of Record and Development Rights is for Tax Map 139A Parcel
19.
The property known as Tax Map 139A Parcel 19 originated as two parcels that were acquired by
Joseph K. Irving in 1889 (Deed Book 91 page 480) and 1904 (Deed Book 130 page 186). The parcel
acquired in 1889 was estimated as containing 2 acres. The parcel acquired in 1904 was the residue
of 2 acres after a portion was partitioned in said deed. This parcel was later estimated to contain
approximately one half acre.
In 1922, Joseph K. Irving and his wife, Ida, deeded a parcel know as the "Library" property out of the
2 acre parcel acquired in 1889 to their son, John T. Irving. John would acquire the residue parcel and
the one half acre parcel after his parents passed (see Deed Book 415 page 432 for explanation). The
interest in the "Library" parcel and the residue of the 2 acres it came from has been conveyed forward
with reference to the original parcel deeded in 1889, but no act was taken to combine the two parcels.
James E. Crews acquired the parcels, with the latest interest acquired in 2008 in Deed Book 3573
page 714.
We believe the Tax Map 139A Parcel 19 consists of 3 parcels. They are the residue of the 2 acres
after the "Library" parcel was conveyed off, the "Library" parcel and the one half acre parcel.
We believe there are 3 development rights for Tax Map 139A Parcel 19.
One half acre parcel= 1 development right
"Library" parcel (42'x81')=0.08 acre 1 development right
Residue of 2 acres(2-0.08 acre=1.92 acre) 1 development right
Total= 3 development rights
If you have any questions, or need additional information, please do not hesitate to call.
Respectfully,
Brian S. Ray, LS
Q