HomeMy WebLinkAboutSUB198900219 Correspondence 1994-04-22To, File'
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COUNTY OF ALBEMARLE
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
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PLANNING DEPT.
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COUNTY OF ALBEMARLE
Office of County Attorney
416 Park Street
Charlottesville, Virginia 22901
Telephone 296-7138
GEORGE R. ST.JOHN October 5, 1992 JAMES M. BOWLING, IV
COUNTY ATTORNEY DEPUTY COUNTY ATTORNEY
Amelia G. McCulley
Jan Sprinkle
Zoning Department
401 McIntire Road
Charlottesville, Virginia 22902-4596
Re: Official Determination of Number of Parcels (Estate
of Charles W. Phillips)
(Our File #ACPZ 92-66)
Dear Amelia and Jan:
I have in hand Amelia's determination letter dated September
24, 1992, and I think I remember reviewing this situation with
her. I do not remember her telling me that a previous
determination had been made, that the property consisted of one
parcel, and that it had been divided and sold on that basis.
She may have told me this, but the point I am about to make
went past me, if she did:
The previous decision, having never been appealed to the BZA,
became a "thing decided" whether it was right or wrong. The
very nature of a "thing decided" is that the decision cannot be
later attacked, on the ground that it was wrong. Under that
rule, Amelia's September 24, 1992 letter, should have simply
informed the parties that they are bound by the previous,
unappealed determination that the property consisted of one
parcel.
I am simply saying this for future reference, if similar
cases arise and I am sure they will.
In this case, Amelia has already issued a second official
determination that there were two parcels, and the parties who
own them must decide among themselves how they are apportioned.
I do not think we should get into that decision, nor do I think
we should approve any plat based on the additional number of
Amelia G. McCulley
Page 2
October 5, 1992
parcels, until such time as the present owners of the entire
property, agree on such apportionment.
If I am mistaken in any of my assumptions, I would like to
meet with you both to discuss this.
Sincerely yours,
George R. St. John
County Attorney
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COUNTY OFALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296 5875
September 24, 1992
Steven L. Raynor
414 East Market Street, Suite B
Charlottesville, Virginia 22902
RECD1!
SEP 2 5 1992
PIANNIfING, DEPT.
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1
Tax Map 63, Parcels 14, 14H, 14I and 14J, 45B1, 45B2, 45B3,
and 45B4,(oriainally parcel 14); Estate of Charles W. Phillips
Dear Mr. Raynor,
The County Attorney and I have reviewed the chain of title you have
submitted for the above -noted property. It is the County
Attorney's advisory opinion and my official determination, that
this property consisted of two (2) parcels at the date of adoption
of the Zoning Ordinance: one parcel lying on the east side of
Route 621, and the other on the west side. Since the adoption of
the Ordinance, this property has been subdivided.
Each of the two (2) lawfully separate parcels as of 1980,is
entitled to associated development rights. This determination
results in one (1) additional parcel than is shown with a parcel
number on the 1980 County tax maps.
This determination is based on the fact that fee -simple right-of-
way was dedicated to the Commonwealth of Virginia for State Route
621 on March 21, 1973, as recorded in deed book 526, page 523.
Therefore, on the date of adoption of the Ordinance, this property
was subdivided by the ownership of others. Furthermore, the road
split the property for practical purposes. This determination is
consistent with the findings in the Circuit Court in the case of
Ann Sanford v Albemarle County Board of Zoning Appeals.
A review of the relevant subdivision history is as follows:
1) The property on the west side of Route 621 was divided in 1988
into four (4) lots. No additional development rights remain.
r�September 24, 1992
Steven Raynor - D-92-05
Page 2
2) The property on the east side of oute 621 was divided in 1988
and again in 1990, into a total f five (5) lots, only one of
which is below 21 acres. The c eation of parcel 14J (under 3
acres) required one of the dev opment rights. Therefore, the
remaining four (4) development. rights are to be allocated
between parcels 14, 14H and/"14I' as shown on the current tax
maps. These are shown on the g7at dated revised January 4, 1990
by Robert L. Lum, and consist of 26.876, 21 and 30 acres
respectively. Because there is common ownership between these
three parcels, they may be recombined and redivided with County
approval. Be advised that two (2) development rights are
necessary to divide or to locate a second dwelling on an
existing 21 acre lot. Only one (1) is necessary when the
acreage is increased to 23.
Anyone aggrieved by this decision may file a written appeal within
thirty (30) days of the date of this letter. If you have any
questions, please feel free to contact me at your convenience.
Sincerely,
k'y Amelia G. McCull y&, A.I. P.
Zoning Administrator
AGM/
cc: Jan Sprinkle
Gay Carver
Lettie E. Neher,
Reading files
Clerk to the Board
NOTE: One (1) additional parcel from 1980
One (1) by 1980 tax map, two (2) by determination