HomeMy WebLinkAboutLOD200700047 Letter of Determination 2014-03-25COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 3, 2008
Marcia D. Fallon
P O Box 333
Keene, VA 22946
RE: LOD-2007-00047 OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS -- Tax Map 119, Parcels 5, 5A, & 6A (Property of MARCIA
D. FALLON) Scottsville Magisterial District
Dear Ms. Fallon:
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 119, Parcel 5, 5A and 6A are parcels of record and have collectively a total of
twelve (12) theoretical development rights, as outlined in the following table:
Tax Map -Parcel
Acreage
Development Rights
TMP 119-5
78.957 Acres
5
TMP 119-5A
5.992 Acres
2
TMP 119-6A
15.5 Acres
5
Total
12
The basis for this determination follows:
Tax Map 119 Parcel 5
Our records indicate Tax Map 119, Parcel 5 contains 78.957 acres and zero (0)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1243, page 390.
This analysis begins with the deed of record in Deed Book 263, page 414 that is dated
June 18, 1945 conveyed 76.75 acres described as Lot 1 on a plat by C.H. Shapleigh
C.E. dated June 16, 1945 from W.C. Reed and Bertie I. Reed to Carrington N. Miller
and Ida F. Miller. This established the original parcel of record.
Deed Book 303, -page 301 that is dated December 1, 1952 conveyed three (3) adjoinin
tracts of land containing in aggregate 100 acres from Carrington N. Miller and Ida F.
Miller to B.T. Goolsby and Mabel E. Goolsby. The property is described as being the
same as was conveyed by Deed Book 263, page 414. The 76.75 acres described as
Lot Tis one of the three (3) tracts of land.
Deed Book 317, page 178 that is dated June 22, 1955 is the most recent instrument of
record prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed
conveyed three (3) adjoining tracts of land containing in aggregate 100 acres from B.T.
Goolsby and Mabel E. Goolsby to P. Rixey Jones and Hilda P Jones. The property is
described as being the same as was conveyed by Deed Book 303, page 301. The
76.75 acres described as Lot 1 is one of the three (3) tracts of land. Based on this
deed, Tax Map 119, Parcel 5 is determined to be a parcel of record with five (5)
development rights.
Deed Book 1240, page 263, dated July 23, 1993, is a certificate of plat describing Lot 1
as a 78.597 acre parcel. This transaction had no effect on the parcels.
Will Book 72, page 341 devised the property of Hilda P. Jones to her children Presley
Rixey Jones Jr., George Wilson Jones and Emily Annette Conner after her death on
September 7, 1981. The property is described as being the same as was conveyed by
Deed Book 317, page 178.
Deed Book 1243, page 390, dated June 25, 1992, conveyed all certain lots, pieces or
parcels of land shown on the survey made by David C. Blankenbaker, dated July 13,
1992 from Presley R. Jones Jr. and Evaline H. Jones, George W. Jones and Elvie G.
Jones, Emily Annette Conner and William Harry Conner to Marcia D. Fallon. The
property is described as being the same as was conveyed by Deed Book 317, page
178. The 78.957 acres described as Lot 1 is one of the certain lots, pieces or parcels of
land shown. This transaction had no effect on the parcels.
Tax Map 119 Parcel 5A
Our records indicate Tax Map 99, Parcel 36C contains 5.992 acres and zero (0)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1243, page 390.
This analysis, begins with the deed of record in Deed Book 263, page 414 that is dated
June 18, 1945 conveyed 7.75 acres shown as Lot 2 on a plat by C.H. Shapleigh C.E.
dated June 16, 1945 from W.C. Reed and Bertie I. Reed to Carrington N. Miller and Ida
F. Miller. This established the original parcel of record.
Deed Book 303, page 301 that is dated December 1, 1952 conveyed three (3) adjoining
tracts of land containing in aggregate 100 acres from Carrington N. Miller and Ida F.
Miller to B.T. Goolsby and Mabel E. Goolsby. The property is described as being the
same as was conveyed by Deed Book 263, page 414. The 7.75 acres described as Lot
2 is one of the three (3) tracts of land.
Deed Book 317, page 178 that is dated June 22, 1955 is the most recent instrument of
record prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed
conveyed three (3) adjoining tracts of land containing in aggregate 100 acres from B.T.
Goolsby and Mabel E. Goolsby to P. Rixey Jones and Hilda P Jones. The property is
riPscriheri as heina the same as was conveved by Deed Book 303. page 301. The 7.75
acres described as Lot 2 is one of the three (3) tracts of land. Based on this deed,
Tax Map 119, Parcel 5A is determined to be a parcel of record with two (2)
development rights.
2
Deed Book 1240, page 263, dated July 23, 1993, is a certificate of plat describing Lot 2
as a 5.992 acre parcel. This transaction had no effect on the parcels.
Will Book 72, page 341 devised the property of Hilda P. Jones to her children Presley
Rixey Jones Jr., George Wilson Jones and Emily Annette Conner after her death on
September 7, 1981. The property is described as being the same as was conveyed by
Deed Book 317, page 178.
Deed Book 1243, page 390, dated June 25, 1992, conveyed all certain lots, pieces or
parcels of land shown on the survey made by David C. Blankenbaker, dated July 13,
1992 from Presley R. Jones Jr. and Evaline H. Jones, George W. Jones and Elvie G.
Jones, Emily Annette Conner and William Harry Conner to Marcia D. Fallon. The
property is described as being the same as was conveyed by Deed Book 317, page
178. The 5.992 acres described as Lot 2 is one of the certain lots, pieces or parcels of
land shown. This transaction had no effect on the parcels.
Tax Map 119 Parcel 6A
Our records indicate Tax Map 119, Parcel 6A contains 15.5 acres and zero (0)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1243, page 390.
This analysis begins with the deed of record in Deed Book 303, page 301, dated
December 1, 1952. This deed conveyed 15.5 acres shown as a portion of a larger
125.7 acre tract designated as Lot 3 on a plat by C.H. Shapleigh C.E. dated June 16,
1945 from W.C. Reed and Bertie I. Reed to Carrington N. Miller and Ida F. Miller. This
established the original parcel of record.
Deed Book 317, page 178 that is dated June 22, 1955 is the most recent instrument of
record prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed
conveyed three (3) adjoining tracts of land containing in aggregate 100 acres from B.T.
Goolsby and Mabel E. Goolsby to P. Rixey Jones and Hilda P Jones. The property is
described as being the same as was conveyed by Deed Book 303, page 301. The 15.5
acres described as a portion of Lot 3 is one of the three (3) tracts of land. Based on
this deed, Tax Map 119, Parcel 6A is determined to be a parcel of record with five
(5) development rights.
Deed Book 1240, page 263, dated July 23, 1993, is a certificate of plat describing Lot 3
(portion) as a 15.5 acre parcel. This transaction had no effect on the parcels.
Will Book 72, page 341 devised the property of Hilda P. Jones to her children Presley
Rixey Jones Jr., George Wilson Jones and Emily Annette Conner after her death on
September 7, 1981. The property is described as being the same as was conveyed by
Deed Book 317, page 178.
Deed Book 1243, page 390, dated June 25, 1992, conveyed all certain lots, pieces or
parcels of land shown on the survey made by David C. Blankenbaker, dated July 13,
1992 from Preslev R. Jones Jr. and Evaline H. Jones, George W. Jones and Elvie G.
Jones, Emily Annette Conner and William Harry Conner to Marcia D. Fallon. The
property is described as being the same as was conveyed by Deed Book 317, page
178. The 15.5 acres described as Lot 3 (portion) is one of the certain lots, pieces or
parcels of land shown. This transaction had no effect on the parcels.
3
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.
Sin
Ronald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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