HomeMy WebLinkAboutLOD200500041 Legacy Document 2014-03-13U 6t3
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 19, 2005
Neil W. Clark
4270 Clark Road
Crozet, VA 22940
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 27,
Parcel 20 (Property of Neil W. Clark) Section 10.3.1
Dear Mr. Clark:
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 27, Parcel 20 has three (3) theoretical development rights.. The basis for this
determination follows.
Our records indicate Tax Map 27, Parcel 20 contains 29.022 acres and no dwellings.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 338, page 443.
This analysis begins with the deed of record in Deed Book 241, page 146 that is dated
August 26, 1938. The deed conveyed 40.4 acres from Edward Gibbons (formerly called
Edward Givens) and others to Harry L. Clark and Gertrude M. Clark. The property is
described as a tract of land and further by metes and bounds.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 338, page 443 and is dated
March 12, 1958. This deed conveyed seven acres from Harry L. Clark to Paul M.
Walton and Mora F. Walton. The deed describes the parcel by metes and bounds and
notes that the parcel is the northern portion of the land conveyed by the deed of record
in Deed Book 241, page 146. Based on this transaction, the residue, which is
calculated to contain 33.4 acres, is determined to be a parcel of record with five
(5) development rights.
Deed Book 1209, page 613, dated March 3, 1992, conveyed 2.218 acres from Neal W.
Clark and Elizabeth Clark to Neil Wayne Clark, II and Mary G. Clark. The property is
described by reference to the fourth paragraph of the Will of Harry L. Clark of record in
Will Book 41, page 597. The parcel is shown on a plat by Thomas D. Blue, dated
December 30, 1991. The plat makes reference to Deed Book 241, page 146 for a
description of the property. The plat also notes that four division rights, not to exceed
1ADEPMCMDetermin of Parcel\2005\27-20 Clark.doc
Neil W. Clark 11
December 19, 2005)
Page 2
10.2 acres, remain with the residue area of 31.2 acres. As a result of this transaction
Parcel 20 contained 31.2 acres and four development rights.
Deed Book 2266, page 410, dated June 18, 2002, conveyed 2.16 acres from Neal W.
Clark and Elizabeth Clark to Jason Lively and Jamie Lively. The property is described
by reference to the fourth paragraph of the Will of Harry L. Clark of record in Will Book
41, page 597. The parcel is shown on a plat by Roger W. Ray & Assoc., Inc. that is
dated June 13, 2002. The plat makes reference to Deed Book 241, page 146 for a
description of the property. The plat also notes that the residue of Parcel 20 has 3
division rights remaining and when used they may not total more than 8.02 acres. As a
result of this transaction Parcel 20 contains 29.02 acres and three development
rights.
The parcel is 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 any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
1ADEPMCMDetermin of Parcel\2005\27-20 Clark.doc