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Home My WebLink AboutLOD201500020 Correspondence Letter of Determination 2001-10-05az. COUNTY OF ALBEMARLE Dep"umt of Building Co&md Zqn9g SwOm 401 Mdntim Road; Room 2.27 am lot VH91nia 22902-4596 FAX (4343 972-4126 TELEPHONE (434).29645AM TM. (434) 97240i2 October 5, 2001 * Gladys W. Clarke P.QI:Boxl Greenwood-, VA 22943. C6IRRECTEblEfTER RE*.":OFFICIAL DETERMINATION OF DEVELOPMENT RIGHT8 AND PARCELS- Tax IMOP.54i.: Parcel 7 An.d. Tax Map. 55, Parcel 11 A (Property of Gladys W. Clark) SectIldn 11-00A De6r Ms. Clarke: This -letter corrects typographical errors in. the letter of October 1, 2601. The County. AftbMay. and I hove reviewed the''.title,infiorindtion"fbr the aboVe-nateid:propetfi", It is tbQ'00uhty.-Atto1rneVs advisory 6-pinioin and my th' official:'determination --Map 5.5, at Tak Parcel, 7 is'. qQmprise'd. pf. three (3)- separate -parcels. The 46 acre track describe 4ln Deed 'Book -1 613,. 'page 134 contains five (5). theoretical- development fights, -The 4.7 acre -tract -dekdbeo in. Deed Bo6k. 167, page 231 contains. two - (2) th66tetical.-dev. lopme-rit' ns. e rights: The 5'acre tract d6sbrib6d in Peed Book 244;. page 175 - doinita ins two' M theoretical -development rights., T iix Map.55, Parcel I I A - I's ' r comprised of two (2), sep4rate patd6ls. The -portion _ on of the property located- on -the south side of Ro"ute 691 mnWhs fives '.(5)- the ' oretical development rights. The portiori -of the pipppity lo"cated ion the-north'sid-e-of'-Routb 601. contains one (1) thdoretteaJ.de'vielopmeiint right. -.ThO. basis f6r this determirnation follows'. Our, records Indicate Tak'Map, 0, . Parcel 7'contain.s-5.4.70. acres. and one (1), dwell . ing. The. mostrecent deed for this.. parbel is:recorded In Deed Book 1070, page-2 5.-The parcel is. not in, ah.Agricultural and 5orestaUDistrict. The most recent deed Libr this pr6perly -prior to this date -of adoption of the Albemarle County. Zoning, Ordinance (December 10, 1980) ls!'re-dorded In Deed 'Book -605, page, 58 T. This -deed, da.ted:Se'ptember 17, 1976, cYed onVe. Ahree tracts -of land from Paul Woodford'Wager Clarke, Lawrence Clyde.'Clark6jV, Sarah Morri s Christopher Edwin-Clarke,'jan'et Creasy Clarke, and Louise Htirvey Clarke to Gladys Wager' Clarke., The -three tracts, containing a:t6tal of 54.7 acres,: are described 'as follows: 1.VEPrBdkQng & ZoningZMemin of ParceRCIa*55-T&I 1A ACE-doc 10-05-01 P01-50 IN Gladys W. Clarke Octo ' ber 61: 2061 Page 2, First:. 45 acres conVeYecl: from Rt-.D..Colemen tooClarence S.tarkweather'.on June 7, 19.16 yocorc!W� in' Deed Book 163; page 134. The . plat recorded. with this . deed shows that this parcel extends from .Rbute.091 to the center,of the C & 0 Railroad. Second: 4.7 acres Conveyed from Marshall Wheeler to Clarence Starkweather on March 18,A 918 *.recorded. in -6xW Book 167, page. 231. Third: 5 agree ponveyed� from Henry Gbodloe, Special Commissionee,--to blarendd Statkweather on -August'21, 1939 andrecorded in poed Book 244, }gage 1,76, The 4.7 acre parcel and the 5 acre.parcel ate located' within the pbrtionof Parcel 7 situated -On ft north side of the rail road track. The boundary between these two lots has not been - .established as part of this: review. Deed -:Book 1. 070,'page. 25 is a corrected deed of-ght. This deed,,dated ted Septerriber 19,. ..1.986,.i"s:botw.eenLouise C.Goodling,'formedyL6ui' - Louise Harvey Clarke -A Jacd. Ate'a G.6odling and G'Fadys-Wager Clarke. Louise Harvey Clarke was unid'drAlhe 'age of 18 years,'when she conveyed her interest in the property described in Deed ' age 605; page581". Thitiria6ettency is corrected by. this dbed. 'Mere . have -beenbcioff: conveyances since thl s transaction. Based. on.this hi istory, M* T6x :ap 55, Parcel 7. dotem-tiried to be comprised of three (3)' separate parwls;, each with a full complement of development rights. Our records -indicate Tax Map 55, Parcel l 1A contains 65.550 acres and one (1) dwe[Irg. The most recent dbedfor .this parcel isrecorded:d in Deed Book 11960, page 569. I . Parceil 14:not inan Agricultural and Forestal District. . The. most. recent deed for this property prior to the date of adoption of -.the Albemarle County Zoning, Ordintinc6 (December 1.0, 1 960YIS recordt)din` 130ecl -Book,366,'p6ge 07. This deed, ciated January 13,A601, conveyed-65--55 acres 60 - Lols.B., Marvin to ac m Paul W. YVageir and, Maude Lassiter Wager. The propertk is 'shown on A plat by T. -W $ciunclers recorded with this deed. Deed -:Book 707, page 6336, dated June 20, 1980 and recorded on Decembe . r 31, 1980, conveyed, 65:55 from Paul W. Wager and Maude Lassiter Wager to GladyoWager . 'Clarke. This Issame pro'perty shown on the r platby T. W. Sauinclers-Dodd recorded in' BOOK.365, page 422. IMEPtWuilding A.ZoNngpeterrpin of ParC8PjMrk5&7&11A ACE.doe Gladys W.:Qladke Qctober 5, 2001 Page 3. iesd Book 796, .page 416, dated April 25,1984, is a deed of correction ,between:. Pair[ W. Wager and-�Gadys Wager Clarke. This deed corrects. the deed, recorded in .Deed - Book 707,:pago 636.,.It p0VIdes that in addition'to the 65.55 acres conveyed irk that deed; Paul W. Wager- arid: Maude Lassiter Wager intended to convey, a small triangular strip of -land .on the north side of Route.691. This property Iles to thenortheast of. Lot 3 on. a plat recorded in Deed Book-306, page 328. This portion of Parcel 11A, located adjacent to the=southem most part of Parcel 7, is determined tQ be a separatd paroel in accord with the .S,anford case. However, it is estimated to contain less than two' tenths of art acre. It is unlikely that the development right associated with this parcaeel could; ire.. utilized. Deed,BQok 1902, page 508, dated March.17, 2000 conveyed. by gift 65.55 acres from Gladys Wager Clarke to Lawrence C: Clarke, Ill. This Js described as the.prnperty, shown onthe.plat kyT.W.,Saunders recorded in, Deed Book $65; page 422. Also, this deed conveyed the -small triangular'lot described in Deed Book 796, page'41k Deed. Book 1960, page 569, dated Cc#ober 10,.2000 conveyed by gift 65:55 acres from Lawrence C. Clarke,:llt to Gladys Wager Clarke. This is described as the property. - shown. on the plat by T:W:-Saunders recorded. in Deed. Book 565, page 422::This: is further identified ;as the same property that was conveyed to the- grantor by a deed of gift by Gladys Wager Clarke recorded in Deed Book -1902, page 506.Our records show no off. conveyances since this transaction. Based on this history, Tax Map 55, Parcel 11A is determined to be. comprised of two separate parcels. The fi5.55 acres. on the southern side. of Route 691 contains. five (5) development rights. The small triangular lot identified in Deed Book 796, page.416 hIas one (1) development right. These parcels are entitled to the noted development rights if all other applicable regulations can be mef.'These development rights are theoretical in nature but do represent.the .rriaximum-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 .larid 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-befi cal . 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 mr;st be completed -and filed along with the fee of $95:.: The date notice of this, determination# was given is the same as the date of fhis letter. IMEPrSulldln9 & ZoninMDetermin of ParceKC1a*55-7&11A ACE.doc -Gladys W. Clarke October..5.2001 Page 4 If you have an w y questions, please contact me. Sincerely,'. John Shepherd Managef, of Zoning. Administration Copies; Pay Carver, Real Estate Department BI a Carey, Clerk Board of Supervisors McChesney Pdodall, ACE Program Coordinator Reading Files 11MxPTBu1kffnO & 7ankigOetumin of PBrcQhC6*55-7&1 1A AGE.doc