HomeMy WebLinkAboutLOD200800026 Letter of Determination 2009-01-30O ALgL,�rY
�IRGINIP
COUNTY OF ALBFMARLF
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 27, 2009
Edgar N. Garnett, Jr. & Patricia Carter Garnett
4201 Pagebrook Farm
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS for
an ACE Application -- Tax Map 73, Parcel 25 (Property of Edgar N. Garnett &
Patricia Carter Garnett) Samuel Miller Magisterial District
Dear Mr. & Mrs. Garnett:
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 73, Parcel 25 is a parcel of record which has five (5) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 73, Parcel 25 contains 113.00 acres and one dwelling.
The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1342, page 169.
This analysis begins with the deed of record in Deed Book 152, page 276 that is dated
May 10, 1913. This deed conveys 113 acres more or less" from S. A. & Annabelle
Birch, husband & wife, to Ernest L. Hughes. The deed contains a reference to a meets
and bounds description and plat by J. C. Mann, dated April, 1913 and attached to the
deed. This deed establishes the 113 acre tract, Tax Map 73, parcel 25, as a lot of
record.
Deed Book 234, page 255, dated January 1, 1932,. conveyed 113 acres from Ernest L.
& Jennie Hughes, husband & wife to Henry G. Page. The land is described as the
same as was conveyed in Deed Book 152, page 276. This transaction had no effect
on the parcel.
Deed Book 318 page 165, dated July 9, 1955, conveyed 113 acres from Henry C. &
Annie Katherine Page, husband & wife, to Theodore R. & Mary Karikoff Coleman,
husband & wife. The land is described as the same as was conveyed by Deed Book
234, page 255. This transaction had no effect on the parcel.
Deed Book 523 page 554, dated January 26, 1973, conveyed 113 acres from
Theodore R. & Mary Karikoff Coleman, husband & wife to Marshall T. & Ethel I. Moffitt,
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026, Garnett-ACE.doc
husband & wife. The land is described as being the same as was conveyed by Deed
Book 318, page 165. This transaction had no effect on the parcel.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 526, page 121, and is dated
March 15, 1973. The deed conveyed 113 acres, known as Tax Map 73, Parcel 25, from
Marshall T. & Ethel I. Moffitt, husband & wife, to Edwin R. Carter, III & Patricia B. Carter,
husband & wife. Based on this deed, Tax Map 73, Parcel 25 is determined to be a
parcel of record with five (5) theoretical development rights.
Deed Book 1342, page 169, dated September 1, 1993, conveyed 113 acres from
Patricia Carter Garnett (formerly. Patricia B. Carter) & Edgar N. Garnett, Jr. to Edgar N.
& Patricia Carter Garnett, husband & wife. The property is described as being the same
as was conveyed by Deed Book 526, page 121. This transaction had no effect on the
parcel.
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.
Ronald L. Higgins, Al P
Chief of Zoning
Copy: Real Estate Supervisor
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\73-25; LOD2008- 2
026, Garnett-ACE.doc