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Home My WebLink AboutLOD200400027 Legacy Document 2007-12-11November 11,2004 Joseph W. Richmond. Jr. Queen Charlotte Square 214 East High Street Charlottesville, VA 22902-5177 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 59, Parcels 12C, 12D and 12H (Property of Edward J. Casey and Holly M. Casey) Section 10.3.1 Dear Mr. Richmond: 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 59, Parcel 12C has development rights. Tax Map 59, Parcel 12D has development rights. Tax Map 59, Parcel 12H has development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 59, Parcel 12C contains 9.9 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 2605, page 346. Our records indicate Tax Map 59, Parcel 12D contains 14.09 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 2605, page 346. Our records indicate Tax Map 59, Parcel H contains 11.18 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 2605, page 346. The most recent deed for Parcel(s) recorded prior to December 10, 1980, the date of the adoption of the ordinance is recorded in Deed Book 560, page 223 and is dated August 29, 1974. This deed conveyed five parcels from The Perry Foundation, Inc. to Hedgerow Corporation. Identify the lot(s) of record: CAProgramData\U nityECM\OldDoclmporter\localcopy.doc 1. 25.85 ac 2. 12.5 ac 3. 10.75 ac 4. 1.56 ac 5. 0.708 Deed Book 916, page 27, dated December 30, 1986, conveyed 18.187 acres from Hedgerow Corporation to R. Franklin Hardy and B. Anderson Soyars, Jr. The property is described as consisting of 15.187 acres shown on a plat of R. O. Snow dated December 8, 1980 and an adjoining parcel estimated to contain 3 acres which is bounded on the south by the northern boundary of the 15.187 -acre parcel, on the west by Joseph E. Seagram and Sons, Inc., on the north by Ivy Creek and on the east by the by the line commencing at the iron set point on the attached plat designated N49d44'54"E and continuing due north to Ivy Creek. It is further described as being a part of the land that was conveyed by the deed recorded in Deed Book 560, page 223. NB: no DR note on the pre 12/10/80 plat No County approval Deed Book 961, page 550, dated September 23, 1987, conveyed from to R. Franklin Hardy and B. Anderson Soyars, Jr. Get this deed Deed Book 1023, page 344, dated November 15, 1988, conveyed 32.96 acres from R. Franklin Hardy and B. Anderson Soyars, Jr. to Dori Selene Rockefeller. The land is described as being composed of Parcels W, X and Y on a survey by R. O. Snow, Inc. dated November 3,1987. It is the same property in all respects conveyed by the deed recorded inn Deed Book 961, page 550. The plat carries a note stating, "Parcels X, Y & Z may not be further divided into lots of less than 21 acres." NB: Approved by County TM 59-12D &12H and TM 58-101A CAProgramData\U nityECM\OldDoclmporter\localcopy.doc Who has to agree to restoration of development ri_ghts? Deed Book 1274, page 4, dated September 24, 1992, conveyed two tracts from Bloomfield Incorporated to Dori Selene Rockefeller. The transaction is shown on a plat by Kirk Hughes dated October 3. 1992. The plat shows 0.59 acres from TM 59-12 conveyed to T.M. 59C and 1.62 acres conveyed from T.M. 59-12 to T.M. 59-12H. The plat carries a note stating that no development rights are transferred of affected by this plat. GET THIS DEED Deed Book 2605, page 346, dated September 22, 2003, conveyed two parcels from Dori Selene Rockefeller to Edward J. Casey, Jr. and Holly M. Casey. Parcel One is described as containing 32.96 acres and as being the same property that was conveyed by the deed recorded in Deed Book 1023, page 344. Parcel Two is described as those two certain parcels containing 1.62 acres and 0.59 acres and being the same property that was conveyed by the deed recorded in Deed Book 1274, page 432. These parcels are entitled to the noted 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. 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, CAProgramData\U nityECM\OldDoclmporter\localcopy.doc John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors C:\ProgramData\UnityECM\OldDoclmporter\localcopy.doc