HomeMy WebLinkAboutLOD199200007 Letter of Determinationw:l
�IRGiN�P
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901 -4596
(804) 296 -5875
October 22, 1992
Bruce W. and Bonnie M. Kirtley
Route 1, Box 405
Crozet, Virginia 22932
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1;
Tax Map 55, Parcel 99
Dear Mr. and Ms. Kirtley,
The County Attorney and I have reviewed the information you have
submitted for the above -noted property. It is the County
Attorney's advisory opinion and my official determination, that at
the date of adoption of the Zoning Ordinance, this property .
consisted of two (2) separate parcels:
(1) Parcel 99, consisting of 3.83 acres; and
(2) A parcel which was not numbered, and was owned by the
Commonwealth of Virginia, consisting of approximately 0.9
acres.
Each of these lawfully separate parcels is entitled to one (1)
development right. This determination results in one (1)
additional parcel than is shown with a parcel number on the County
tax maps.
This determination considered the findings of the Albemarle Circuit
Court in the case of Ann H. Sanford v. Board of Zoning Appeals of
Albemarle County, Virginia, and City of Winston Salem v. Tickle,
281 2d 667, of the North Carolina Court of Appeals (1981). These
cases determined that ownership by another, such as for the
Interstate right -of -way, serves to sever the common ownership of
the property, thereby subdividing it into separate parcels.
October 22, 1992
Bruce and Bonnie Kirtley
Page 2
The.0.868 acres was created by the acquisition of right -of -way for
the Interstate. It was originally part of the Monroe Wood estate,
which was severed into this northern parcel which was acquired by
the State, and a residue lying south of the Interstate. This
subdivision was recorded in Deed Book 420, Page 587, and was dated
April 8, 1966.
On October 5, 1983, recorded in Deed Book 780, Page 275, this
parcel less a small area reserved for road maintenance, was sold to
you as adjoining owners. Provided that it is buildable, I
understand that you intend to build a house and redivide the land
to create two fairly equal lots.
Anyone aggrieved by this decision may file a written appeal within
thirty (30) days of the date of this letter. If you have any
questions, please feel free to contact me at your convenience.
Sincerely,
Amelia G. McCulley, A .C.P.
Zoning Administrator
AGM/
cc: Jan Sprinkle, Planning
Gay Carver, Real Estate
Lettie E. Neher, Clerk
Reading File
Marilyn Gale
NOTE:
Department
of Board of Supervisors
One (1) additional parcel;
One (1) by Tax Map, two (2) by determination