HomeMy WebLinkAboutLOD200800009 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
June 26, 2008
Mr. John Murphy
823 Old Turner Mtn. Lane
Charlottesville, VA 22901
Fax (434) 972-4126
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 58, Parcel 55 (Property of John A. & Margaret S. Murphy) Samuel Miller
Magisterial District
Dear Mr, Murphy:
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 58, Parcel 55 is two parcels of record, each having one (1) theoretical
development right. The basis for this determination follows.
Our records indicate Tax Map 58, Parcel 55 contains 5.30 acres and two dwellings. The
property is not within an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1448, page 714.
This analysis begins with the deed of record in Deed Book 401, page 385 that is dated
September 30, 1964. This deed conveys two tracts of land from Robert H. Blodinger,
Trustee, to Ernest H. & Edna F. Bruce, husband & wife. The deed contains a description
of the two tracts of land described as having "2 acres, more or less", and 1 & 5/16th
acres", respectively, and being the same as described in Deed Book 387, page 299, a
deed of trust. This deed establishes Tract 1 and Tract 2 of Tax Map 58, Parcel 55
as parcels of record, each having one (1) theoretical development right.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 414, page 282, and is dated
December 29, 1965. This deed of plat shows the 5.30 acres now known as Tax Map 58,
Parcel 55 as being the two tracts conveyed in Deed Book 401, page 385 to Ernest H. &
Edna F. Bruce totaling 4.70 acres (with the acreage increased by accurate survey) and
a parcel "Y" of .60 acres (acreage claimed by the Bruce's). An examination of the 1937
aerial photo showing the parcel boundaries, includes the .60 acre parcel "Y" as being
part of tract 2. Based on this deed, Tax Map 58, Parcel 55 is determined to be two
parcels of record with a total of two (2) theoretical development rights, one on
each parcel of record.
L\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\58-55, LOD 2008- 1
009, Murphy.doc
Deed Book 1448, page 714, dated December 27, 1994, conveyed "4.70 acres and
Parcel Y containing .60 acres" from Ernest H. & Edna F. Bruce, husband & wife, to John
A. & Margaret S. Murphy, husband & wife. The property is described as being the same
as was conveyed by Deed Book 401, page 385 and shown on the plat recorded with
Deed Book 414, page 282 on page 292. 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 $120.
The date notice of this determination was given is the same as the date of this letter.
If you have a __questions, please contact me.
i
cerely,
onald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
IADEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2008\58-55, LOD 2008- 2
009, Murphy.doc
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