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Home My WebLink AboutSUB201700195 Approval - Agencies 2008-06-26 A 1,4r �,�drliifli�►'z csee.. \IRG1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 }'hone (434)296-5832 Faa (434)9'"2-4126 June 26, 2008 Mr. John Murphy 823 Old Turner Mtn. Lane Charlottesville, VA 22901 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 58, Parcel 55 (Property of John A. & Margaret S. Murphy) Samuel Miller Magisterial District Dear Mr. Murphy: 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 58, Parcel 55 is two parcels of record, each having one (1) theoretical development right. The basis for this determination follows. Our records indicate Tax Map 58, Parcel 55 contains 5.30 acres and two dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1448, page 714. This analysis begins with the deed of record in Deed Book 401, page 385 that is dated September 30, 1964. This deed conveys two tracts of land from Robert H. Blodinger, Trustee, to Ernest H. & Edna F. Bruce, husband & wife. The deed contains a description of the two tracts of land described as having "2 acres, more or less", and "1 & 5/16th acres". respectively, and being the same as described in Deed Book 387, page 299, a deed of trust. This deed establishes Tract 1 and Tract 2 of Tax Map 58, Parcel 55 as parcels of record, each having one (1) theoretical development right. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 414, page 282, and is dated December 29, 1965. This deed of plat shows the 5.30 acres now known as Tax Map 58. Parcel 55 as being the two tracts conveyed in Deed Book 401, page 385 to Ernest H. & Edna F. Bruce totaling 4.70 acres (with the acreage increased by accurate survey) and a parcel "Y" of .60 acres (acreage claimed by the Bruce's). An examination of the 1937 aerial photo showing the parcel boundaries, includes the .60 acre parcel "Y" as being part of tract 2. Based on this deed, Tax Map 58, Parcel 55 is determined to be two parcels of record with a total of two (2) theoretical development rights, one on each parcel of record. I.\DEPT\Community Development\Zoning&Current Development Division\Determinations of Parce1\2008\58-55. LOD 2008- 1 009. Murphy.doc Deed Book 1448. page 714, dated December 27. 1994, conveyed "4.70 acres and Parcel Y containing .60 acres" from Ernest H. & Edna F. Bruce, husband & wife, to John A. & Margaret S. Murphy, husband & wife. The property is described as being the same as was conveyed by Deed Book 401, page 385 and shown on the plat recorded with Deed Book 414. page 282 on page 292. This transaction had no effect on the parcels. 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 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. In addition to the development right lots, the parcel may create as many smaller 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 appeal. An appeal application must be completed and filed along with the fee of 5120. The date notice of this determination was given is the same as the date of this letter. If you have amy questions, please contact me. i cerely, ' .Wald L. Higgins, AICP v `� Chief of Zoning Copy: Gay Carver, Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors I:\DEPT\Community Development\Zoning&Current Development Division\Determinations of Parcel\2008\58-55, LOD 2008- 2 009,Murphy.doc i g 120 1 gt-i 0 04 F 1) S L ) ! it e 1 # -0 i f 1 ► r= a n III ❑lI10 Au Q M h LL Z M = / t0 O N N n �fMY.Nsa° 44' O O . 1.4 4 -+ = n CO c tO N = CO 1.4 IA a n m ILI 1' Int) N '' 1 ID MI OS In 0in a U m N M ON V CO CO CO in n a in OD 0 Q in ` h M _ N .+ a N ID Q. �y ' W .4 CO CO CO In IA C et 0 ID m i.-;H .. t0 et m CO �, CO O co u; � a n ao Q' a C GD em n. ..F to s . N ,\N y�j) OD et n� 1. m 3. OO IA tg N NN33219 CO A \ E N f\ M N �� N .-co Ln o0 .a n 0�0 !, M p Ca a t0 Q M In �,N N CDMA a N C.0 k N O �in CD to coo N W u M co n .i M N e tD •dO ^ Q gr L in W M CD °t0 n )0 t O i 40 t<0 CO to n M N 'MU13 - a v. � � o N No in N ‘t:9 N .i ° t0 Q N tD 4) Q R % co ti O to n o I+A m et a in r)8 'T to O N !, c' _ O t7 M . N M IA *+/ M O ya M IA m Q 'z °3 M N 4 at v) M va v! CD IA ..1---...44 2 CO Oi 00, M �-'" Q co W 10 p0 r N ; ON W In fn M CA V, r tD m Q -----'''"^---....,,..... O < y) co N J .i N , 0 all O , L t0 —won FIVNM o �-1A �� 'M VI /Ul�VI Ig �in co in in gni, is SUBDIVISION/SITE PLAN FILE CLOSEOUT / IMAGING CENTER INSTRUCTIONS CHECKLIST Please complete this form within 30 days of final action,place in folder and forward to CDA FOR QC and status label. CDA will forward to the Imaging Center for digital closeout. SDP/SUB# SUB201700195_PROJECT TITLE John&Margaret Murphy BLA FULL NAME OF LEAD REVIEWER Brent W.Nelson FINAL ACTION DATE: June 20, 2018 CountyView— N/A Application,Page 2 Data Entered N/A Staff Report, Ground Water Assessment, or other documents placed in"Docs&Pies" Hardcopy— File Folder Closeout: All items listed should be placed in project folder, in reverse chronological order(latest on top). Please check each item included in this folder. To indicate that an item is not applicable to this file,place an"N/A" next to the check box. The Lead Reviewer has the discretion to include any item deemed necessary to provide clarity to the file, please indicate that item on the"Other" lines provided. Digital Closeout Instructions: Below each item please indicate if Imaging Center is to scan the document; or, if the document is already in digital format, can be saved to LaserFiche. Please provide the digital location(path/name)of the document in the space provided. N/A Engineering Folder Information/documentation ❑ Scan ❑ Saved location X Application(signature copy) ❑ Scan ❑ Saved location N/A Public Notification records/Abutting Owner correspondence ❑ Scan ❑ Saved location X Applicant Correspondence(to/from,memos/emails) ❑ Scan ❑ Saved location X Complete set of printed Review Comments ❑ Scan ❑ Saved location X Approved plan/plat(signed, or stamped"Approved"with Planner/Engineer name) X Scan ❑ Saved location N/A Action Letter(Administrative Approval) ❑ Scan ❑ Saved location N/A White Envelope-PC/BOS Meeting Package- Staff Report(include plan/plat presented,PC/BOS Action Letter) ❑ Scan ❑ Saved location N/A Ground Water Assessments ❑ Scan ❑ Saved location ❑ Other(Please explain—i.e. Studies) ❑ Scan ❑ Saved location • Other(Please explain—i.e. Studies) ❑ Scan ❑ Saved location ❑ At the planner's discretion,copies of unapproved plans/plats may be placed in the file if it is referenced in the staff report or minutes and lends clarity to the review at a later date. If such plans are included, they should be clearly marked as unapproved and contain a note clarifying why it was included. ❑ Scan 0 Saved location