HomeMy WebLinkAboutLOD200500020 Legacy Document 2014-03-13COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
August 17, 2005
Brian S. Ray
Roger W. Ray and Assoc., Inc.
1717-1 B Allied Street
Charlottesville, VA 22903
Fax (434) 972-4126
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 20, Parcel 34 (Property of Clara Lindsay Estate and Katherine V. Banks c/o
Tyrone Lindsay) Section 10.3.1
Dear Mr. Ray:
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 20, Parcel 34 is comprised of three separate parcels.
Tract One contains 15.15 acres and five (5) development rights.
Tract Two contain 5.7 acres and two (2) development rights.
Tract Three contains 5.31+/- acres and two (2) development rights.
The basis for this determination follows.
Our records indicate Tax Map 20, Parcel 34 contains 26.090 acres and no dwellings.
The property is in the Chalk Mountain Agricultural Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 2628, page 464.
The most recent deed for the 15.15 -acre portion of this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 102,
page 92 and is dated March 28, 1891. This deed conveyed 15.15 acres from Zane
Marshall and Eliza Marshall to Ellis Lindsay. The property is described by metes and
bounds and is shown on the enclosed sketch by Roger W. Ray and Associates, Inc.
Based on this deed, this 15.15 -acre parcel is a lot of record with five (5)
development rights.
Brian Ray
August 17, 2005
Page 2
The most recent deed for the 5.7 -acre portion of this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 120,
page 17 and is dated October 19, 1899. This deed conveyed 5.7 acres from R. B. Fray
and Mary L. Fray to Ellis Lindsay. The property is described by a plat by J. R. Ferguson
that is dated April 22, 1899 and is shown on the enclosed sketch by Roger W. Ray and
Associates, Inc. Based on this deed, this 5.7 -acre parcel is a lot of record with two
(2) development rights.
The analysis for the 5.31 -acre portion of this parcel begins with the deed of record in
Deed Book 166, page 4 and dated January 8, 1917. This deed conveyed 8 acres, 1
rood and 11 poles (8.32 acres) from R. B. Fray and Sallie Fray to Ellis Lindsay. The
property is described by metes and bounds and is shown on the enclosed sketch by
Roger W. Ray and Associates, Inc.
The most recent deed for the 5.31 -acre portion of this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 468,
page 14 and is dated December 8, 1969. This deed conveyed 3.01 acres from the heirs
of Ellis Lindsay to George I. Lindsay and Edna F. Lindsay. The property is described as
being a portion of the land acquired by Ellis Lindsay at Deed Book 166, page 4. The
3.01 -acre lot is shown on a plat by Crawford and Funk dated December 5, 1969. As a
result of this transaction the residue of the original 8.32 -acre parcel contained 5.31
acres. Based on this deed, this 5.31 -acre residue is a lot of record with. two (2)
development rights.
Deed Book 2628, page 464, dated October 21, 2003, conveyed three tracts of land from
Oralea Lindsay to Katherine V. Banks. Tract One is described as containing 15.15 acres
and is further described by reference to Deed Book 102, page 92. Tract Two is
described as containing 5.7 acres and is further described by reference to Deed Book
120, page 17. Tract Three is described as containing 8'/4 acres, more or less, except a
parcel containing 3.01 acres. The parcel is further described by reference to Deed Book
166, page 4 and Deed Book 468, page 14. This transaction had no effect on the
legal status or development rights of these three separate parcels.
These 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 parcels 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
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Brian Ray
August 17, 2005
Page 3
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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
Attachments: Sketch showing tracts making up Tax Map 20, parcel 34
Copies: Gay Carver, Real Estate Supervisor
Ella Carey, Clerk Board of Supervisors
Reading Files
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