HomeMy WebLinkAboutLOD201200009 Letter of Determination 2013-04-29COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 30, 2012
Mr. Drake Van de Castle
6440 Hillsboro lane
Crozet, VA 22932
RE: OFFICIAL DETERMINATION OF PARCELS -- Tax Map 40A, Parcel 11,
(Property of Jeremy Gardner & Tabitha Gardner) White Hall Magisterial District
Dear Mr. Van de Castle:
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 40A, Parcel 11 is two (2) lots of record. The basis for this determination
follows.
Our records indicate Tax Map 40A, Parcel 11 contains .77 acres and no dwellings. The
property is not within an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 3672, page 15.
This analysis begins with the deed of record in Deed Book 367, page 312 that is dated
April 18, 1961. The deed contains a plat by T. W. Saunders, dated March, 1961
showing the subdivision known as "Sunrise Acres" and showing lots #11 &12 as
separate lots. This deed establishes lots #11 & #12 as lots of record.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 368, page 547, and is dated
June 7, 1961. The deed conveyed lots #11 & #12 of "Sunrise Acres" from Austen
Lowenhaupt and Jean M. Lowenhaupt, his wife, to Meredith R. Shifflett and Mary B.
Shifflett, his wife. The lots are described as being the same lots #11 & #12 shown on
the plat recorded in Deed Book 367, page 312. Based on this deed, Tax Map 40A,
Parcel 11 is determined to be two (2) parcels of record.
Deed Book 1673, page 379, dated January 12, 1998, conveyed Lots #11 & #12 of
Sunrise Acres Subdivision from Meredith R. Shifflett and Mary B. Shifflett, husband and
wife to Mary B. Shifflett. The property is described as being the same as was conveyed
by Deed Book 368, page 547. This transaction had no effect on the parcels.
Deed Book 3672, page 15, dated December 17, 2008 conveyed Lots #11 & #12 of
"Sunrise Acres Subdivision" from the estate of Mary B. Shifflett to Jeremy Gardner and
Tabitha Gardner. The property is described as being the same as was conveyed by
Deed Book 1673, page 379. This transaction had no effect on the parcels.
The parcels are entitled to the noted development rights if all other applicable
regulations can be met. These development rights may only be utilized within the
bounds of the original parcel with which they are associated. 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, the parcel may create as many smaller parcels containing a minimum of
twenty-one acres as it has land 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 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 $240.
The date notice of this determination was given is the same as the date of this letter.
If you have any qu_eestions, please contact me.
Si
I�iald L. Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
Jeremy Gardner
Tabitha Gardner
2
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