HomeMy WebLinkAboutLOD200300026 Legacy Document 2014-10-15GF ALp 1
GINIP
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126 TELEPHONE (434) 296-5832
February 12, 2004
Michele Sheffield
Roy Wheeler Realty
2643 Lindsay Road
Gordonsville, VA 22942
TTD (434) 972-4012
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map
85, Parcel 35 (Property of Buck A. Clark) Section 10.3.1
Dear Ms. Sheffield:
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 85,
Parcel 35 is comprised of two separate parcels. Each of these parcels contains one (1)
theoretical development right. The location and size of these parcels must be determined by
a survey. The basis for this determination is summarized as follows:
Our records indicate Tax Map 85, Parcel 35 contains 3.570 acres and one dwelling. The
property is not in an Agricultural Forestal District. The most recent deed for this property is
recorded in Deed Book 2399, page 577.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980 is recorded in deed recorded in Deed Book 260, page 445 and dated
June 21, 1944. This deed conveyed two parcels from Lacy E. Pugh and Nellie Pugh to
Sophie Truslow. The parcels are described as follows: "All that certain lot or parcel of land
lying in the County of Albemarle, Virginia, near Batesville, containing 2.17 acres according to
survey of Hugh F. Simms made in July 1920, the metes and bounds of which are set forth in
a deed dated September 8, 1920, of record in Deed Book 184, page 106, from John J. Stout
to Lacy E. Pugh; also, that certain other lot or parcel of land supposed to contain 1.4 acres,
located about one mile from the village of Batesville on the N.E. side of the Scottsville
Turnpike and known as the Thacker lot and being in all respects the same as that conveyed
to L.E. Pugh by deed of December 10, 1918, of record in Deed Book 176, page 29." On the
basis of this deed, Tax Map 85, Parcel 35 is determined to be comprised of two
separate lots of record as described above.
—Deed -Book -2399 page-57-77dated-March-6�-2003-conveyed-two-parcels-f-rom-the-heirs-of
Sophie Truslow to Buck A, Clark. The property is described, in part, as containing in the
aggregate 3.57 acres, more or less, comprised of (1) a parcel containing 2.17 acres and (2) a
contiguous parcel supposed to contain 1.4 acres, known as the Thacker lot; BEING the same
1ADEPT\BCZS\Determ1n of Parcel\85-35 Clark.doo
17
Michele Sheffield
February 12, 2004
Page 2
property conveyed to Sophie Truslow by the deed of Lacy E. Pugh and Nellie Pugh dated
June 21, 1944 and of record in Deed Book 260, page 445.
There have been no off -conveyances since this transaction. Based on this deed, Tax Map
85, Parcel 35 is determined to be comprised of two separate lots of record; one .
containing 2.17 acres and the other containing 1.4 acres. Each of these lots contains
one (1) development right. These parcels are entitled to the noted development rights
only if all other applicable regulations can be met. These development rights are
theoretical in nature but do represent the maximum number of lots allowed to be
created by right.
The location and area of these parcels has not been determined. County real estate records
contain a sketch of the 2.17 -acre parcel, based on the metes and bounds description
recorded in Deed Book 184 on page 106. However, no plat or description for the Thacker lot
was discovered. Also, there are notes in the real estate records that indicate the Thacker lot
was taken for the right of way of Route 691. It is assumed that the Thacker lot is or was
located to the south of the 2.17 -acre lot and adjacent to Parcel 36. The resolution of this
matter will require a survey.
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
Copies: Buck A. Clark
P.O. Box 372
Crozet, VA 22932
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
I:\DEMBUS\Determin of Parcel\85-35 Clark.doc