HomeMy WebLinkAboutLOD200700017 Letter of Determination 2014-08-18COUNTY OF ALBEMARLE
Department of Community Development
401 .McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 25, 2007
Ms, Mary Ann Glover Thorsey
1524 Stonehenge Road
Charleston, WV
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 42, Parcels 70, 70E & 70F (Property of Mary Ann Glover Thorsey)-
Samuel Miller Magisterial District
Dear Ms Thorsey
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 42, Parcels 70, 70E & 70F are three parcels of record having a total of thirteen
(13) theoretical development rights. The basis for this determination is summarized as
follows:
MT MaaxT p Parcel
Acrea a
Development Rights
Tax Map 42, Parcel 708.551
ac.
4
Tax Ma 42, Parcel 70E
p E7
8.923 ac.
_
4
Tax Map 42, Parcel 70F
1 --- -
Total29.300
11.826 ac.
-
ac.
5
13
Our records indicate Tax Map 42, Parcel 70 contains 8.551 acres and one (1) dwelling,
Tax Map 42, Parcel 70E contains 8.923 acres and one (1) dwelling and Tax Map 42,
Parcel 70F contains 11.826 acres and no dwellings. The properties are not in an
Agricultural and Forestal District. The most recent recorded instrument for this property
is recorded in Deed Book 1544, page 244.
This analysis begins with the deed of record in Deed Book 222, page 456 that is dated
March 24, 1934. The deed conveys a parcel of land containing 58 acres more or less
and designated as lots 4, 5 and 6 on the plat by Hugh F. Simms, dated May 1933. This
established the original parcels of record.
I:IDEPT\Community DevelopmentZoning & Current Development Divistonmeterminations of ParceI142-70, 70E & 70F LOD
2007-17 Thorsey one
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 511, page 365, and is dated
June 8, 1972. The deed conveyed 29-3110 acres then known as Tax Map 42, Parcel 70
and described as being the southeastern portion of lots 4, 5 and 6 on the 1933 Hugh F.
Simms plat from Henry F. & Sarah S. Sears to Mary Ann Glover Thorsey. Based on
this deed, Tax Map 42, Parcels 70, 70E & 70F are determined to be a parcels of
record with thirteen (13) development rights as outlined in the table above.
Deed Book 1516, page 128, dated January 22, 1996, was a deed of trust to secure a
mortgage, using Tax Map 70, Parcel 70. This transaction had no effect on the
parcels.
Deed Book 1544, page 244, dated March 31, 1996, was a Plat Certification of Parcels
A & B, (which were described as the southeastern portion of lots 4 and 5 on the Hugh F.
Simms plat of 1933), on the plat prepared by Steven L. Key, showing a boundary
revision between Parcel A and Parcel B, being the same as lots 4 & 5 acquired by Mary
Ann Glover Thorsey in Deed Book 511, page 365, outline above. The boundary
revision had no effect on the parcels or their development rights.
The parcels are 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. In addition to the development
right lots, the parcel may create as many smaller parcels containing a minimum of
twenty-one acres as it has land to make.
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.
4Sierely,
.'
t -Ronald L. Higgins, AICP
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Mr. Frank J. Quayle
I:0EPMommunity Development'Zoning & Current Development DivisiomDeterminations of ParceA42-70. 70E & 70F LOD 2
2007-17 Thorsey.doc