December 30, 2003

 

Daniel J. Bieker

4174 Laird Lane

North Garden, VA 22959

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 99, Parcels 38A, 39 and 40 (Property of Daniel J. Bieker) Section 10.3.1

 

Dear Mr. Bieker:

 

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 99, Parcel 38A is a parcel of record with five (5) development rights. Tax Map 99, Parcel 39 is a parcel of record with five (5) development rights. Tax Map 99, Parcel 40 is comprised of five (5) separate parcels of record that are identified on the attached sketch. Lot 1 contains 5 3/8s acres and two (2) development rights. Lot 2 also contains 5 3/8s acres and two (2) development rights. Lot 3 contains 3 1/8 acres and one (1) development right. Lot 4 also contains 5 3/8s acres and one development right. Lot 5 contains 1.8 acres and one (1) development right. The basis for this determination is summarized as follows.

 

Tax Map 99, Parcel 38A

 

Our records indicate Tax Map 99, Parcel 38A contains 75.250 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 1063, page 344.

 

The most recent instrument for Parcel 38A recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 544, page 159. This deed, dated January 14, 1974, conveyed a interest in 75.25 acres from Archie D. Rohm & Eva M. Rohm to Richard A. Rohm. The parcel is more particularly designated as Tract A on a plat by A. R. Sweet, dated October 8, 1948 and recorded in Deed Book 281, page 49.

 

On the basis of this deed it is determined that Parcel 38A is a parcel of record as provided in Section 10.3 of the zoning ordinance.

 

Deed Book 945, page 281, dated June 10, 1987, conveyed the remaining interest in 75.25 acres from Archie D. Rohm & Eva M. Rohm to Richard A. Rohm. The parcel is more particularly designated as Tract A on a plat by A. R. Sweet, dated October 8, 1948 and recorded in Deed Book 281, page 49.

 

Deed Book 1063, page 344, dated July 27, 1989, conveyed 75.25 acres from Richard A. Rohm & Mildred Rohm to Daniel J. Bieker. The parcel is more particularly described as Tract A on a plat by A. R. Sweet, dated October 8, 1948 and recorded in Deed Book 281, page 49 and is the same property in all respects that was conveyed to Richard Rohm in two deeds; Deed Book 544, page 159 and Deed Book 945, page 281. There have been no off conveyances since this transaction.

 

Based on this history, Tax Map 99, Parcel 38A is determined to be a single parcel of record with five (5) development rights if all other applicable regulations can be met.

 

Tax Map 99, Parcel 39

 

Our records indicate Tax Map 99, Parcel 39 contains 13.190 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1849, page 387.

 

The most recent instrument for Parcel 39 recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 342, page 243. This deed, dated March 22, 1958, conveyed 14.5 acres plus a right of way from Sarah T. Gordon to Harper A. Gordon. The deed contains a metes and bounds description of the 14.5-acre parcel. The deed references a deed recorded on April 12, 1915 for a plat and a metes and bounds description of the right of way.

 

On the basis of this deed it is determined that Parcel 39 is a parcel of record as provided in Section 10.3 of the zoning ordinance.

 

Deed Book 1849, page 387, dated August 11, 1999, conveyed 13.19 acres from Betty P. Gordon to Daniel J. Bieker. The property is shown on a plat by Alan M. Hale that is attached to the deed. It is further described as being the same real estate which was conveyed to Harper A. Gordon by the deed recorded in Deed Book 342, page 243.

 

Based on this history, Tax Map 99, Parcel 39 is determined to be a single parcel of record with five (5) development rights if all other applicable regulations can be met.

 

Tax Map 99, Parcel 40

 

Our records indicate Tax Map 99, Parcel 40 contains 17.00 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2578, page 442.

 

This determination begins with Deed Book 162, page 388, dated May 12, 1916. This deed conveyed 1.8 acres from D.P. Woodson and W.J. Woodson to A.D. Hart. The tract is shown on a plat attached to the deed. The subdivision of this tract effectively divided the parent parcel into three separate parcels.

 

The most recent instrument for Parcel 40 recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 171, page 488. This deed, dated November 20, 1919, conveyed two tracts of land from Jane Melinda Stewart & George Stewart and Henry Thomas & Evaline Thomas to A. D. Hart.

The tracts are described as containing 10 acres and 6 acres respectively.

 

The deed further provides that the plats of said two tracts made by N. Barrett S.A.C May 1884, being also recorded in D.B. 162, page 337, the divisional plat of said two tracts made by George Gordon for the heirs of Ned and Aleck Madison, July 1917 is also recorded with this deed and made part of the same.

 

Based on this history, Tax Map 99, Parcel 40 is determined to be comprised of five separate parcels; The parcel containing 1.8 acres that was divided from the parent tract in 1916 contains one (1) development right. The two parcels that are derived from the 10.75- acre tract each contain two (2) development rights. The two additional parcels are derived from the 6.25 acre tract each contain one (1) development right. These development rights may be utilized only 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, one parcel containing a minimum of twenty-one acres may be created, if all other applicable regulations can be met. A chart showing the development potential of these parcels is enclosed.

 

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: Gay Carver, Real Estate Department,

Ella Carey, Clerk to the Board of Supervisors

Ches Goodall, Acquisition of Conservation Easements Program Coordinator

 

DEVELOPMENT POTENTIAL OF Tax Map 99, Parcels 38A, 39 & 40

 

PARCEL

ACREAGE

DEVELOPMENT RIGHT LOTS 2 ACRE MIN.

DIVISION RIGHT LOTS

21 ACRE MIN.

TOTAL POTENTIAL PARCELS

38A

75.25

5

3

8

39

13.19

5

0

5

40 (part) #1

5 3/8

2

0

2

40 (part) #2

5 3/8

2

0

2

40 (part) #3

3 1/8

1

0

1

40 (part) #4

3 1/8

1

0

1

40 (part) #5

1.8

1

0

1

Total

105.44

17

3

20

 

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