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HomeMy WebLinkAboutLOD200400025 Letter of Determination 2017-07-13C". COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Phone 434 296-5832 Charlottesville, Virginia 229024596 Fax 434 972-4126 September 10, 2004 Tara Rowan Boyd LeClair Ryan Post Office Box 2017 Charlottesville, VA 22902-2017 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 102, Parcels 3513, 37, 37P and Tax Map 103, Parcel 10A (Property of Kluge Estate Winery & Vineyard) Section 10.3.1 Dear Ms. Boyd: 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 Tax Map 102, Parcel 35B contains five (5) development rights. Tax Map 102, Parcel 37 contains five (5) development rights. Tax Map 102, Parcel 37P contains one (1) development right. Tax Map 103, Parcel 10A contains five (5) development rights. The basis for this determination is provided below. Tax Map 102 Parcel 35B Our records indicate Tax Map 102, Parcel 35B contains 61.950 acres and one dwelling. The property is in the Lanark Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2696, page 734. The most recent deed for this parcel recorded prior to December 10, 1980, the date of the adoption of the ordinance is recorded in Deed Book 621, page 641 and is dated May 16, 1977. This deed conveyed 64.6688 acres from Frances L. Hofer and Philip Hofer to Jane Howard -Hammerstein. The property is further described, in part, as being the "approx. 65.0 acres west of St. Rt. 727" shown on a plat of R. O. Snow recorded in Deed Book 441, page 316a, save and except a parcel of 0.3312 acres described as Parcel X on a plat by R. O. Snow attached hereto. On the basis of this deed, it is determined that this 64.6688-acre parcel is a lot of record with five (5) development rights. Tara Rowan Boyd September 10, 2004 Page 2 The following six transactions had no effect on the status of Parcel 35B or its development rights: Deed Book 734, page 644, dated February 11, 1982, conveyed 64.6688 acres from Jane Howard -Hammerstein and William Hammerstein to John W. Kluge. This is the same property that was conveyed by the deed recorded in Deed Book 621, page 643. Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these was Parcel 35B described as containing 61.9505 acres and as being the same property that was conveyed to John W. Kluge by the deed recorded in Deed Book 734, page 644. This deed states that the prior deed erroneously stated the acreage as 64.6688 acres. Deed_Book 1652, page 581, dated October 17, 1997, conveyed three parcels from JWK Properties to the Oregon Land Trust. Among these was Parcel 35B, described as containing 61.9505 acres and being the same property that was conveyed by the deed recorded in Deed Book 824, page 63. Deed Book 2353, page 190, dated September 20, 2002, conveyed three parcels from the Oregon Land Trust to Patricia M. Kluge. Among these was Parcel 35B, described as containing 61.9505 acres and being the same property that was conveyed by the deed recorded in Deed Book 824, page 63. Deed Book 2366, page 494, dated September 20, 2002, contains a corrected Deed of Gift that conveyed three parcels from Patricia M. Kluge to House & Garden Company, L.L.C. Among these was Parcel 35B, described as containing 61.9505 acres and being the same property that was conveyed by the deed recorded in Deed Book 824, page 63. Deed Book 2696, page 334, dated February 26, 2004, contains a certificate stating that the name of House and Garden Company, L.L.C. was changed to Kluge Estate Winery and Vineyard, L.L.C. Tax Map 102 Parcel 37 Our records indicate Tax Map 102, Parcel 37 contains 78.125 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2696, page 734. This analysis begins with the deed recorded in Deed Book 250, page 53 that is dated March 10, 1941. The deed conveyed 97 acres from Daisy Howard Van Doren, Executrix and Trustee under the will of M. M. Van Doren to Lucien H. Minor. The property is shown on a plat by Hugh F. Simms that is attached to the deed. This deed and plat established this 97-acre parcel as a lot of record. ,-ara Rowan Boyd September 10, 2004 Page 3 Deed Book 577, page 378 contains a plat prepared by R. O. Snow that is dated May 23, 1975. The plat divided nine lots and a 25-foot strip along Route 727 from the 97-acre parcel shown on the plat recorded in Deed Book 250, page 54. The plat notes the residue contained 79.1 acres. While this plat reduced the size of the parcel, it did not affect its status as a lot of record. The most recent deed for this parcel recorded prior to December 10, 1980, the date of the adoption of the ordinance is recorded in Deed Book 621, page 641 and dated May 16, 1977. This deed, mentioned in the analysis of Parcel 358, conveyed 64.6688 acres from Frances L. Hofer and Philip Hofer to Jane -Howard Hammerstein. The deed included a plat by R. O. Snow, dated May 5, 1969, entitled Plat of Parcel X and 25' strip, a portion of Francis Hofer property, on St. Rt. 627. This plat conveyed 0.3312 acres described as Parcel X on a plat by R. O. Snow attached hereto from Parcel 35B to Parcel 37. As a result of this transaction, Parcel 37 contained 79.4312 acres. The plat notes that Parcel X is to become a part of the W. M. Thacker property (Parcel 37). On the basis of that note, it is determined that Parcel X was not established as a separate development lot. Therefore, as a result of this transaction it is determined that this 79.4312-acre parcel remained a single lot of record. The most recent deed for this parcel recorded prior to December 10, 1980, the date of the adoption of the ordinance is recorded in Deed Book 694, page 377 and is dated May 23, 1980. This is a Deed of Exchange that provided for the conveyance of 79.1 acres from William C. Thacker and Joann W. Thacker to Forrest R. Marshall, Jr. The property was described as being two parcels even though the parcels had not been separately platted. Parcel One was described as a 60 acre portion of the land conveyed by the deed recorded in Deed Book 421, page 54. This parcel included the 0.3312 acre parcel that was previously added to Parcel 37. Parcel Two was described as a 19.1- acre portion of the land conveyed by the deed recorded in Deed Book 421, page 54. The description of this property as two parcels may have been relevant to the agreement between the parties. However, it is determined that this description did not serve to establish these as separate lots of record because there was no County- approved plat authorizing the subdivision or a metes and bounds description of Parcels One and Two. Therefore, based on this deed, it is determined that this 79.1 acre parcel remains a single lot of record with five (5) development rights. The following six transactions had no effect on the status of Parcel 37 or its development rights: Deed Book 789, page 185, dated February 10, 1984, conveyed 78.1251 acres from Forrest R. Marshall, Jr. and Donna D. Marshall to John W. Kluge. The deed states that this is the same property that was conveyed to the Grantor by the deed recorded in Deed Book 694, page 377. The property is shown on a plat by B. Aubrey Huffman that is dated February 9, 1984 and attached to this deed. Tara Rowan Boyd September 10, 2004 Page 4 Deed Book 824, page 63, dated December 10, 1 U54, conveyed 16 tracts of land from John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these was Parcei 37 described as containing 78.1251 acres and as being the same property that was conveyed to John W. Kluge by the deed recorded in Deed Book 789, page 185. Deed Book 1652, page 581, dated October 17, 1997, conveyed three parcels from JWK Properties to the Oregon Land Trust. Among these was Parcel 37 identified as containing 78.1251 acres and as being the same property that was shown on a plat by B. Aubrey Huffman recorded in Deed Book 789, page 185. Deed Book 2353, page 190, dated September 20, 2002, conveyed three parcels from the Oregon Land Trust to Patricia M. Kluge. Among these was Parcel 37, described as containing 78.1251 acres and as being the same property that was shown on a plat by B. Aubrey Huffman recorded in Deed Book 789, page 185. Deed Book 2366, page 494, dated September 20, 2002, contains a corrected Deed of Gift that conveyed three parcels from Patricia M. Kluge to House & Garden Company, L.L.C. Among these was Parcel 37, described as containing 78.1251 acres and being the same property that was shown on a plat by B. Aubrey Huffman recorded in Deed Book 789, page 185. Deed Book 2696, page 334, dated February 26, 2004, contains a certificate stating that the name of House and Garden Company, L.L.C. was changed to Kluge Estate Winery and Vineyard, L.L.C. Tax Map 103, Parcel 10A Our records indicate Tax Map 103, Parcel 10A contains 22.753 acres and no dwellings. The property is in the Lanark Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2696, page 734. The most recent deed for this parcel recorded prior to December 10, 1980, the date of the adoption of the ordinance is recorded in Deed Book 382, page 151 and is dated September 27, 1962. This deed conveyed 20.8 acres from Enoch J. LeJeune and Mary H. LeJeune to Mary Regina LeJeune. The deed states the property is located at the junction of the "Blenheim and Scottsville Road with the Carter's Bridge and Overton Road." [sic] It is further described by metes and bounds. On the basis of this deed, it is determined that this parcel is a lot of record with five (5) development rights. The following six transactions had no effect on the status of Parcel 10A or its development rights: Deed Book 734, page 646, dated March 1, 1982, conveyed 20.8 acres from Mary Regina LeJeune Mackall and Charles G. Mackall to John W. Kluge. The property is t'ara Rowan Boyd September 10, 2004 Page 5 described as being the same that was conveyed by the deed recorded in Deed Book 382, page 151. Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these was Parcel 10A identified as containing 22.7529 acres and as being the same property that was conveyed to John W. Kluge by the deed recorded in Deed Book 734, page 646, in which the acreage was erroneously stated as 20.8 acres. The deed includes a plat by B. Aubrey Huffman that is dated February 24, 1982. Deed Book 1652, page 581, dated October 17, 1997, conveyed three parcels from JWK Properties to the Oregon Land Trust. Among these was Parcel 10A described as containing 22.7529 acres and as being a portion of the property conveyed by the deed recorded in Deed Book 824, page 63. The deed notes that by resolution by the Board of Supervisors recorded in Deed Book 838, page 216 that a portion of Route 727 was relocated. Deed Book 2353, page 190, dated September 20, 2002, conveyed three parcels from the Oregon Land Trust to Patricia M. Kluge. Among these was Parcel 10A, described as containing 22.7529 acres and as being a portion of the property conveyed by the deed recorded in Deed Book 824, page 63. The deed references Deed Book 838, page 216. Deed Book 2366, page 494, dated September 20, 2002, contains a corrected Deed of Gift that conveyed three parcels from Patricia M. Kluge to House & Garden Company, L.L.C. Among these was Parcel 10A, described as containing 22.7529 acres and as being a portion of the property conveyed by the deed recorded in Deed Book 824, page 63. The deed references Deed Book 838, page 216. Deed Book 2696, page 334, dated February 26, 2004, contains a certificate stating that the name of House and Garden Company, L.L.C. was changed to Kluge Estate Winery and Vineyard, L.L.C. Tax Map 102, Parcel 37P Our records indicate Tax Map 102, Parcel 37P contains 2.022 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2696, page 734. Deed Book 577, page 378 contains a plat prepared by R. O. Snow that is dated May 23, 1975. The plat divided nine lots and a 25-foot strip along Route 727 from Parcel 37, the 97-acre parcel shown on the plat recorded in Deed Book 250, page 54. The plat notes the residue contained 79.1 acres. The plat includes Lot 9, containing 2.022 acres that is now designated as Parcel 37P on Tax Map 102. This deed and plat established Parcel 37P as a lot of record. Tara Rowan Boyd September 10, 2004 Page 6 The most recent deed for this parcel recorded prior to December 10, 1980, the date of the adoption of the ordinance is recorded in Deed Book 582, page 304 and is dated September 24, 1975. This deed conveyed 2.022 acres from William C. Thacker, Jr. and Jo Ann W. Thacker to Larry M. Hackenberg and Arlene Victoria Serafini. On the basis of this deed, Parcel 37P is a lot of record with one (1) development right. The following five transactions had no effect on the status of Parcel 37P or its development right: Deed Book 708, page 210, dated November 20, 1979 and recorded on January 8, 1981, is a Deed of Partition between Larry M. Hackenberg and Arlene Victoria Serafini. This deed included the conveyance of Larry Hackenberg's interest in Lot 9 as shown on the plat recorded in Deed Book 577, page 378 to Arlene Victoria Serafini. Deed Book 1276, page 35, dated November 12, 1992, conveyed 2.022 acres from Arlene Victoria Serafini to Christine -Hirsch Putnam and Robert George Putnam. It is described as being the same parcel that was conveyed by the deeds recorded in Deed Book 582, page 304 and Deed Book 708, page 210. Deed book 1750, page 468, dated September 10, 1998, conveyed 2.022 acres from Christine -Hirsch Putnam and Robert George Putnam to the Trustees of the Oregon Land Trust. The parcel is described on Schedule A as being the same property as was conveyed by the deed recorded in Deed Book 1276, page 35. Deed book 2467, page 286, dated May 23, 2003, conveyed 2.022 acres from the Trustee of the Oregon Land Trust to Patricia M. Kluge. The parcel is described as being the same property as was conveyed by the deed recorded in Deed Book 1750, page 468. Deed book 2478, page 202, dated June 2, 2003, conveyed 2.022 acres from Patricia M. Kluge to House and Garden Company, L.L.C. The parcel is described as being the same property as was conveyed by the deed recorded in Deed Book 2467, page 286. These 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. In addition to the development right lots, a "parent parcel" may create as many parcels containing a minimum of twenty-one acres as it has land to make. 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 Tara Rowan Boyd September 10, 2004 Page 7 appeal. An appeal application must be completed and filed along with the fee of $120.00. 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, 1044� John Shepherd Manager of Zoning Administration Copies: Kluge Estate Winery and Vineyard 3414 Ellerslie Drive Charlottesville, VA 22902 Gay Carver, Real Estate Department Reading Files