HomeMy WebLinkAboutLOD199300001 Letter of Determination�OFAL( .
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901 -4596
(804) 296 -5875
January 5, 1993
Mr. Alfred Colquitt Shackelford, III
Route 2, Box 616
Keswick, Virginia 22947
RE: official Determination of Number of Parcels - Section 10.3.1
. Tax Map 48, Parcel 19
Dear Mr. Shackelford,
The County Attorney and I have reviewed the chain of title you
have submitted for the above -noted property. It is the County
Attorney's advisory opinion and my official determination that
this property consists of 2 separate parcels:
1) the portion west of Route 600, zoned VR, Village -
Residential; and
2) the portion east of Route 600, zoned RA, Rural Areas
Development rights are not required to subdivide the portion
zoned VR. The portion zoned RA is one parcel entitled to five
development rights. Please be advised that a development right
is required for each dwelling on this parcel regardless of
whether the property has been subdivided.
This determination considered the intent of previous owner Mrs.
Mary Ashley Shackelford in Will Book 41, page 492, who conveyed
the property to her brother Mr. Alfred Colquitt Shackelford.
Mrs. Shackelford gave the following as the reason for this
conveyance: "my reason for leaving all my property to my said
brother, A. C. Shackelford is because I desire my home Dovedale,
to be intact ".
descriptive clauses of the last deed recorded before the current
Zoning Ordinance was adopted in December, 1980. Deed Book 601,
page 354, describes the property as one tract: "that certain
tract of land situated in Albemarle County, Virginia, near Stony
January 5, 1993,
Parcel Determination
Page 2
Point, known as 'Dovedale,' containing 381 acres, more or less ":
This reasoning is based on the findings of the Virginia Supreme
Court in the case Faison v. Union Camp 224 VA 54.
Had Route 600 not divided this property, it would have remained
one parcel. However, the Circuit Court of Albemarle County has
ruled, in Sanford v. Albemarle County Board of Zoning Appeals,
that fee simple rights -of -way serve to divide property into
separate parcels. Therefore, I have ruled that this tract is two
parcels instead of one.
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,
C
Amelia G. McCulley 6&11-r
Zoning Administrator
AMP /bt
cc: Jan Sprinkle
Gay Carver
Estelle Neher, Clerk to the Board of Supervisors
Reading Files
NOTE: 1 additional parcel
1 by Tax Map, 2 by determination (no increase in
development rights)