HomeMy WebLinkAboutLOD200200024 Letter of Determination 2002-10-08COUNTY 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
October 8, 2002
Michael T. Boggs
Haley, Chisolm & Morris
P.O. Box 550
Earlysville, VA 22936
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 18, Parcel 27 (Property of Haley, Chisholm & Morris, Inc.) Section 10.3.1
Dear Mr. Boggs:
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 18, Parcel 27 consists of three separate parcels.
Tract 1: 17.295 acres by survey, described as 20 acres in Deed Book 146, page 171.
Tract 2: 64.9007 acres by survey, described as 63 acres, 1 rod and 36 poles in Deed
Book 155, page 340.
Tract 3: 21.0255 acres by survey, described as 23 acres in Deed Book 197, page 216.
(Since this deed was recorded, 2 acres were off -conveyed.)
Each of these separate parcels contains five (5) theoretical development rights.
The basis for this determination is summarized as follows:
Our records indicate Tax Map 18, Parcel 27 contains 102 acres and 1 dwelling. The
property is not in an Agricultural Forestal District. The most recent deed for this property
is recorded in Deed Book 2168, page 202.
The most recent deed for Tract 1 and Tract 2 recorded prior to the date of adoption of
the Albemarle County Zoning Ordinance, (December 10, 1980) is recorded in Deed
Book 255, page 23. This deed, dated July 18, 1942, conveyed 106 acres from W. J.
Morris & Mary J. Morris to Claude Shiflett. The property is described as follows:
IADEPT\Building & Zoning\Detennin of Parcel\18-27 HCM.doc 1
Michael T. Boggs
October 8, 2002
Page 2
1. That certain tract or parcel of land supposed to contain 20 acres, more or less, and
described in a deed of trust of record in Deed Book 146, page 171; (The 1911 deed
refers to this tract as part of land which was assigned by Mrs. Leah Cox to M.E. Via,
and purchased by Jno F. Cox, and is on the west side of that place and adjoins the
lands of Jno. Cox and Laura Marshall, which line has been established and a woven
wire fence put up which will indicate the exact location of the line) This parcel is
designated as Tract 1 on the attached sketch.
2. All that certain tract or parcel of land containing 63 acres, 1 rod and 36 poles, more
or less, and described in Deed Book 155, page 340; (The 1914 deed describes this
tract as 63 acres, 1 rod and 36 poles) This parcel is designated as Tract 2 on the
attached sketch.
3. That certain other tract or parcel of land containing 23 acres, more or less, and
described in Deed Book 197, page 216. (The 1923 deed describes this tract as a
portion of a tract of 86 acres conveyed to J. F. Cox in 1886) This parcel minus 2
acres described in the following deed is designated as Tract 3 on the attached
sketch.
On the basis of this deed, the property conveyed in Deed Book 146, page 171
(Tract 1) and the property conveyed in Deed Book 155, page 340 (Tract 2) are
each determined to be separate parcels of record as defined in Section 10.3 of the
zoning ordinance.
The most recent deed for Tract 3 recorded prior to the date of adoption of the
Albemarle County Zoning Ordinance, (December 10, 1980) is recorded in Deed Book
478, page 512. This deed, dated October 20, 1970, conveyed 2.00 acres from Claude
S. Shiflett & Georgia M. Shiflett to Billy Randolph Shiflett & Hasleteen M. Shiflett. The
property is described as being a portion of property conveyed to Claude Shiflett by deed
of W. J. Morris & Mary J. Morris dated July 18, 1942 and recorded in Deed Book 255,
page 23. The property is shown on a plat by R. O. Snow dated May 1, 1970 recorded
just prior to this deed. On the basis of this deed, Tract 3, shown by survey to
contain 21.0255 acres, is determined to be a parcel of record as defined in
Section 10.3 of the zoning ordinance.
Deed Book 2168, page 202, dated March 7, 2002 conveyed 106 acres from Billy R.
Shifflett and Wilbur D. Shifflett to Haley, Chisholm & Morris, Inc. The description of the
property is the same as that in Deed Book 255, page 23, LESS AND EXCEPT the 2
acres conveyed in Deed Book 478, page 512. This transaction had no effect on the
development rights of Parcel 376.
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Michael T. Boggs
October 8, 2002
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Based on this history, Parcel 27 is determined to be comprised of three (3) separate
parcels. Each of these parcels 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, two parcels of at least 21
acres may potentially be created from the 63 acre parcel if all other 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.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: Reading Files
Gay Carver, Real Estate Department
Ella Cary, Clerk for Board of Supervisors
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