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HomeMy WebLinkAboutLOD200000002 Letter of DeterminationU r" 9�1rT1 �'IRGIN�P COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 FAX (804) 972-4126 TELEPHONE (804) 296-5832 TTD (804) 972-4012 February 24, 2000 William W. and Mae E. Finley 5281 Free Union Road Free Union, VA 22940 RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1 Tax Map 17, Parcel 16 (Property of William W. and Mae E, Finley) Dear Mr. And Mrs. Finley: The County Attorney and I have reviewed the title information 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 four (4) separate parcels: . Parcel 1— Tract of land containing the portion of the 45 acres located on the east side of Free Union Road conveyed to William W. and Mae E. Finley by deed dated September 15, 1966 and recorded in Deed Book 421, Page 598, EXCEPTING therefrom a tract of 0.491 acres conveyed to Malcolm G. Finley and wife by deed dated June 21, 1968 recorded in Deed Book 428, Page 175. Parcel 2— Tract of land known as the Buck Mountain Mill Tract containing 4'/4 acres conveyed to William W. and Mae E. Finley by deed dated March 24, 1975 and recorded in Deed Book 574, Page 264. In 1979, the Real Estate Department combined this tract which was then identified as Parcel 24 on Tax Map 17 with Parcel 16. Parcel 3- Tract of land containing 7 acres conveyed to William W. and Mae E. Finley by deed dated August 31, 1978 and recorded in Deed Book 655, Page 228. In 1979, the Real Estate Department combined this tract which was then identified as Parcel 23 on Tax Map 17 with Parcel 16. Parcel 4 — Tract of land consisting of that portion of Parcel 16 on Tax Map 17 that is located on the west side of Free Union Road, This determination results in three more parcels than are shown with a parcel number on the County tax maps. William W. and Mae E. Finley February 24, 2000 Page 2 This determination considered the descriptive clauses of the deeds, which originally delineated and enumerated the property as consisting of three (3) distinct tracts or parcels of land. This consideration is based on the findings of the VA Supreme Court in the case, Faison v. Union Camp 224 VA 54. The most recent deed for this property at the date of adoption of the Albemarle County Zoning Ordinance is found in Deed Book 668, Page 389. It is a deed of trust dated April 5, 1979 between William W. Finley & Mae E. Finley and Joseph W. Richmond & Richard E. Reeves. This deed makes separate reference to the 45 acre tract described in Deed Book 428, Page 175, the 4'/4 acre tract described in Deed Book 574, Page 264 and the 7 acre tract described in Deed Book 655, Page 228. Since the. adoption of the zoning ordinance there has been one change only to the boundary of this property. A deed of exchange and plat were recorded on January 15, 1992 in Deed Book 1198, Page 484. This had no effect on development rights. Therefore, each of these 4 lawfully separate parcels is entitled to its full compliment of development rights. 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 $95. 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, le-4� ohn Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files Three (3) additional parcels One (1) by Tax Map, two (2) by determination.