HomeMy WebLinkAboutLOD200800002 Letter of Determination 2014-03-17Al,
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GINIP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
April 4, 2008
Thomas C. Looney
P.O. Box 4260
Rocky Mount, NC 27803
Fax (434) 972-4126
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 58, Parcel 38 Samuel Miller Magisterial District (Property of Thomas C.
Looney) Section 10.3.1 LOD-2008- 2
Dear Mr. Looney:
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 38 is a single parcel with five (5) development rights. The basis for
this determination follows.
Our records indicate Tax Map 58, Parcel 38 has 56.730 acres and contains 2 dwellings.
The property is located in the Samuel Miller Magisterial District. The property is not in
an Agricultural and Forestal District. The most recent recorded instrument for this
property is recorded in Will Book 51, page 233. The most recent deed for the property is
recorded in Deed Book 483, page 259.
The most recent deed for this property, recorded prior to December 10, 1980, the date
of adoption of the ordinance, is recorded in Deed book 483, page 259 and dated
February 10, 1971. The deed contains a Consolidation Plat for the lands of Roy
Douglas Mackreth. The deed describes 5 tracts, 4 of them contiguous and lying on the
South side of Route 250 and the other lying on the opposite north side of said Route
250. The parcels are described, in part, as follows:
Tract of 32.05 acres described as No. 38 on County Tax Map 58 and by
reference to Deed Book 237, page 346;
2. Tract of 0.5 acres described as No. 39 on County Tax Map 58 by reference to
Deed Book 171, page 299;
Deed Book 261, page 8;
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Thomas C. Looney
April 4, 2008
Page 2
4. Tract of 19.50 acres described as No. 64-A on County Tax Map 58 by reference
to Deed Book 281, page 336;
5. Tract of 8.10 acres described as No. 64B on County Tax Map 58 by reference to
Deed Book 284, page 113;
The deed contains these provisions:
WHEREAS, because said 5 tracts are separately taxed and said owner would
like to have his property on the south side of Route 250 shown as one
consolidated tract, and his property on the north side of Route 250 as a separate
tract, he has had Warren F. Wade, Certified Land Surveyor, make the survey
shown by the attached two plats;
NOW, THEREFORE, the said property owner, Roy D. MacKreth, evidenced by
his signature hereto, records these two plats for the purpose aforesaid.
The location of these original five parcels is shown on the old linen tax maps that are
among the County's records. The map indicates that the five parcels indicated in the
deed are located south of Route 250. The plat by Warren F. Wade shows four of the
five parcels but omits Parcel 39, which contains 0.5 acres. The original parcel numbers
have been added to the attached photocopy. It is determined that this deed served to
combine the five original parcels located south of Route 250 into one single
56.73 -acre parcel as shown on the attached plat. The parcel has five (5)
development rights.
County real estate records include reference to the Last Will and Testament of Roy
Douglas MacKreth of record in Will Book 51, page 233 that was signed on October 31,
1975. This document describes the property as follows:
Having heretofore sold and conveyed that part of my "Shiloh Hill" tract lying north
of present Route .250, my remaining real property consists of my home tract of
about 20 acres and my adjoining "Shiloh Woods" tract of about 29 acres.
It is determined that this description did not serve to reestablish the separate
identities of the parcels identified in Deed Book 483, page 261.
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.
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
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Thomas C. Looney
April 4, 2008 J
Page 3
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
Enclosed: Tax Map 58
Photocopy of original tax map
Warren Wade plat
lADEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2008\58-38_Looney_LOD-08-
2.doc