HomeMy WebLinkAboutLOD200300001 Action Letter 2003-06-10pF ALPF
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126 TELEPHONE (434) 296-5832 TTD (434) 972-4012
June 10, 2003
Carol H. Gates
P.O. Box 315
White Hall, VA 22987
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax
Map 15, Parcel 213 (Property of Carol H. Gates) Section 10.3.1
Dear Ms. Gates:
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 15, Parcel 2B contains two separate parcels of record, each with five (5)
theoretical development rights. The basis for this determination is summarized as
follows.
Our records indicate Tax Map 15, Parcel 2B contains 63.660 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 509, page 519.
This determination begins with Deed Book 252, page 421, dated December 12, 1941.
This deed conveyed three parcels from Joseph Z. Shiflett & Eliza R. Shiflett to Robert
Henley Shiflett & Mabel Mae Shiflett. The parcels are described, in part, as follows:
Parcel I. Twelve acres conveyed to Joseph Shiflett on February 8, 1916 by deed
recorded in Deed Book 161, page 460.
Parcel II. Twenty-five acres conveyed to Joseph Shiflett on February 8, 1916 by
deed recorded in Deed Book 161, page 460.
Parcel III. Forty acres conveyed to Joseph Shiflett on May 17, 1920 by deed
recorded in Deed Book 173, page 331.
Based on these separate descriptions, Parcels I, II and II were distinct parcels at the
time of this conveyance.
IADEPT\BCZS\Determin of Parcel\15-213 Gates.doc
Carol H. Gates
June 10, 2003
Page 2
The most recent instrument for this parcel recorded prior to the date of adoption of the
Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 509, page
519. This deed, dated July 6, 1972 conveyed, "that certain tract or parcel of land in
Brown's Cove, in Albemarle County, Virginia, fronting on Route 810, containing by
estimation 65 acres, more or less, this being a conveyance by the boundary and not by
the acre..." The land is further described as being the property conveyed to the parties
of the first part herein by Joseph and Eliza Shiflett by deed dated December 21, 1941,
of record in Deed Book 252, page 421, excluding the 12-acre tract shown on the plat
recorded in Deed Book 129, page 336. The deed contains a metes and bounds
description of the perimeter of the property. The line between Parcels II and III
referenced in Deed Book 252, page 421 is not described. Nevertheless, it is determined
that the reference to the description in Deed Book 252, page 421 preserves the
separate identity of the 25 acre parcel and the 40 acre parcel. Therefore, on the basis of
this deed, Tax Map 15, Parcel 2B is determined to be two separate parcels of record as
provided in Section 10.3 of the zoning ordinance. There have been no off -conveyances
since this transaction.
Based on this history, the 25-acre portion of Parcel 2B and the 40-acre portion of Parcel
2B each contain five (5) 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 parcel containing a minimum of twenty-one
acres may be created from the 40-acre parcel, if all applicable regulations can be met.
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.
Sin erely,
John Shep erd
Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department,
Ella Cary, Clerk to the Board of Supervisors
Reading File
I:\DEPT\BCZS\Determin of Parce1\15-2B Gates.doc