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Home My WebLink AboutLOD201800010 Letter of Determination 2018-09-14IRG1- COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 14, 2018 Peggy Dunston and June Seal 6301 Sealville Road Crozet VA 22932 RE: LOD2018-000010 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 03900-00-00-01200 & 03900-00-00-017AO (Property of WARREN D SEALE) White Hall Magisterial District Dear Ms. Dunston, and Mrs. Seal: 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 Parcel ID 03900-00-00-01200 and 03900-00-00-017AO are each comprised of one (1) parcel of record, one with five (5) theoretical development rights, and one with one (1) theoretical development right respectively. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 03900-00-00-01200 contains 15.00 acres and one (1) dwelling, Parcel ID 03900-00-00-017AO contains 5.61 acres and one (1) dwelling. The properties are zoned RA, Rural Areas. The most recent deed for Parcel ID 03900-00-00-01200, recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 465, page 466 dated October 31, 1969; for Parcel ID 03900-00-00-017A0, recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 415, page 286 dated February 17, 1966. BEFORE DECEMBER 10, 1980 Parcel ID 03900-00-00-01200 15.50 acre parcel of record Deed Book / Page Date Parcel Change Y or N Description Acres 288 / 274 12/14/1949 Y ...all that certain tract or parcel of land... containing 15.5 acres, more or less (though this is a sale and conveyance in gross and not 15.5 by the acre), and being more particularly described as follows:... Being part of the same land that was conveyed... in DB 251 P 245. 465 / 566 10/31/1969 N George Gilmer, Commissioner of the Circuit Court... sells and conveys... to James H. Seale and Dolly V. Seale... 2.0 acres and 2.0 15.5 acres... assessed to Andrew Keener and shown on Tax Map 39 as parcel 18 and 12 respectively, conveyed to Andrew Keener 15.5 in DB 198 P 395.... and in DB 288, P 274... September 14, 2018 LOD2018-00010 Page 2 AFTER DECEMBER 10, 1980 Parcel ID 03900-00-00-01200 (15 acres) Deed Book / Page Date Parcel Change Y or N Description Acres Development Rights 1672 / 285 11/24/1997 N All those three contiguous parcels of land... being more particularly described as 15 acres, 5.608 acres and 2 15 5 acres of land... in DB 465 P 566 (as to the 15 acre and 2 acre parcels) and the 5.608 acres parcel... in DB 415 P 5.608 286 BEFORE DECEMBER 10, 1980 Parcel ID 03900-00-00-017AO (14.88 acre parcel of record) Deed Date Parcel Change Description Acres Book / Page Y or N 222/443 02/20/1934 PLAT All that certain tract or parcel of land... according to a survey made by Hugh F. Simms... containing 28.9 acres of land according to a 28.9 plat attached hereto... 288/447 04/01/1950 Y ...all of that certain tract, known as the Clayton tract, containing 32 '/ acres and the Humphries tract containing two acres, total 341/ 28.9 acres, as shown on plat recorded in DB 168 P 514, and in addition - there to a tract of about four acres, which is sold by the 4.0 boundary and not by the acre,... being the southern portion of = a tract of about 29 acres, known and the Willard Humphries 24.9 tract. 300 / 137 04/07/1952 N All that certain parcel of Ian containing twenty five (25) acres, more or less,... described by survey and plat in DB 222 P 443, plat on 24.9 page 448, save and except a tract of four acres, more or less ... as shown on said plat... in DB 288 P 447. 310 / 81 04/09/1954 N ...all that certain tract of land... containing 25 acres, more or less,... described by survey and plat in DB 222 P 443, save and except a tract of four acres, more or less ... as shown on said plat... 24.9 in DB 288 P 447. Said land is the same in all respects as conveyed... in DB 300 P 137.... 315 / 549 03/10/1955 Y ...a certain tract of land... containing 23 acres, more or less,... 24.9 described by survey and plat recorded in DB 222 P 448 except for - four acres... which was conveyed in DB 288 P 447, being the same 2 land which was conveyed... in DB 310 P 81, except two acres = which the parties of the first part hereby reserved from this 22.9 conveyance... 415 / 286 02/17/1966 Y ...a certain tract containing 23 acres, more or less,... and shown on plat... in DB 222 P 448. 22.9 NOW THEREFORE... thst certain portion of the aforesaid tract 8.02 containing 8.02 acres according to plat... recorded herewith... being = a portion of the property whicj was conveyed... as stated above. 14.88 The deed does not descibe the remainer after the 8.02 acres is conveyd off. By calculation 22.9ac — 8.02ac = 14.88ac. September 14, 2018 LOD2018-00010 Page 3 AFTER DECEMBER 10, 1980 Parcel ID 03900-00-00-017AO (5.608 acres) Deed Book / Page Date Parcel Change Y or N Description Acres Development Rights 1058/596 06/15/1989 Y All that certain lot or parcel of land... containing 8.850, more or less,... on plat... attached hereto. Said property is a portion of a larger parcel conveyed... in DB 315 P 549. The plat attached to this deed also notes that 14.88 5 0.422ac was dedicated to public use for road — purposes. By Calculation 8.85ac + 0.422ac + 8.850 4 5.608ac = 14.88ac. - 0.422 This deed is the sale of the 8.85 acres to = Lewis and Ruby Gentry and includes the 5.608 1 following development right notes: "8. Number of development rights used 1. 9. Number of development rights remaining 4." The owners of the parcel at this time, James & Dolly Seale, signed the plat with above - noted language. In this case the development right notes appear to have been ambiguous as to which parcel was assigned the development rights. This ambiguity was later clarified with the division of the 8.85 acres in 1993 noted below. In 1993, Ruby Gentry divides, via family division, 2.0 acres from the 8.85 leaving 6.65 acres (DB 1288 P 375). The approved plat in 1993 contains the following development right notes: "4. Lot 2 retains 1 development right. 5. Lot 1 retains 3 development rights." During the review of the division of the 8.85 acres there was concern for the ambiguity of the development rights allocation in DB 1058 P 596. That said, it appears that said the ambiguity was clarified since the County signed the plat for the division with the development right allocation shown on the plat in DB 1288 P 375. The development right allocation in the right- hand column reflects what has been recorded with the Clerk of the County of Albemarle and is determined to be correct. 1196 / 489 12/11/1991 N ...all that certain lot or parcel of land... containing 8.850, more or less,... being the same property in all respects 8.850 4 as was conveyed... in DB 1058 P 596. September 14, 2018 LOD2018-00010 Page 4 1288 / 375 02/02/1993 Y All that certain parcel of land containing 6.85 acres... being designated as Lot 1 on plat... which plat is attached hereto... Said real estate is a portion of the 8.850 acre tract of land which was conveyed... in DB 1058 P 596, and ...in DB 1196 P 489. During the review of the division of the 8.85 acres there was concern for the ambiguity of 8.850 4 the development rights allocation in DB 1058 - - P 596. That said, it appears that said the 2.0 1 ambiguity was clarified since the County = _ signed the plat for the division with the 6.65 3 development right allocation shown on the plat in DB 1288 P 375. The development right allocation in the right- hand column reflects what has been recorded with the Clerk of the County of Albemarle and is determined to be correct. 1672 / 285 11/24/1997 N All those three contiguous parcels of land... being more particularly described as 15 acres, 5.608 acres and 2 15 acres of land... in DB 465 P 566 (as to the 15 acre and 2 acre parcels) and the 5.608 acres parcel... in DB 415 P 5.608 1 286 Based on these deeds Parcel ID 03900-00-00-01200 is determined to be one (1) parcel of record, comprised of the following: Approximately 15.00 acres"-, containing five (5) development rights, Parcel ID 03900-00-00-017AO is determined to be one (1) parcel of record, comprised of the following: Approximately 5.608 acres+'-, containing one (1) 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. 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. September 14, 2018 LOD2018-00010 Page 5 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. Sincerely, Francis H. MacCall Principal Planner Attachment: Map delineating parcels of record Copy: Travis Morris, Senior Clerk of the Board of Supervisors LOD2018-00010 Seale 3g-Z 39-13D 39-13 Legend 1F7. (Note: Some items on map may not appear in legend) e �uE�En,RERsm 39-21 Z 2114 o a RREs CUE s,a,�°e o looll", RE°REA,°R °°RSM 39-21 Zi RaoP>,.R 39-17 D ri 39-13E 2224 39-12+ 5 DRs 6274 0 6298 — -' 39-17D 39-136310 O -` L L- 2L�112? gD��HO SA w II 6337 !� rn 4 39-21 Z2 39-18 39-16H \ 2� 5\� 39-17 \� J 6313 39-17A 1 DR LD 2"1- 4 39-16 ' 39-17A4O 39-1 bE 39-17A22121 ��O y 13 39-21 Z3 - J 39-1 fiF 39-16C 6316 39-19 2090 39-17A1 39-17A3 0..; `.. 6,1 39-21 Z4 6366 2055 6372 39-16B 350 f 7C D cP ` 2069 a o,Rf�ntII9II e 20,r4.�0 1852 - a GIS-Web 39-21 Z5 G 39-176 6 phic Data Services 39-21W 3�9-1 9-17B339-17B5 39- C 6 www.albemarle.org (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 14, 2018