HomeMy WebLinkAboutACE200700008 Letter of Determination 2008-01-03of ALBS, y'P
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COUNTY 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
Barbara Joan Ford, or David J Ford, or James Ford
3336 Dumbarton Road
Baltimore, MD 21212
RE: LOD- 2007 -00048 OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS -- Tax Map 6, Parcel 21 (Property of BARBARA JOAN
FORD OR DAVID J FORD OR JAMES FORD) White Hall Magisterial District
Dear Ms. Ford, Mr. Ford and Mr. Ford:
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 6, Parcel 21 is a parcel of record and has five (5) theoretical development
rights. The basis for this determination follows:
Our records indicate Tax Map 6, Parcel 21 contains 40.00 acres and one (1) dwelling.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 2730, page 568.
This analysis begins with the deed of record in Deed Book 87, page 325 that is dated
March 10, 1885 is a plat of 40.00 acres described as being a fourth of a tract surveyed
for Mr. Edward Shifflet. This established the original parcel of record.
Will Book 31, page 256 devised the 40.00 acres from Cordelia C. Shifflett to her
husband Edward Shiflett for his life with the remainder to her children Rosa B. Harris
(nee Shiflett) et al. Edward Shiflett died in February 1937.
Deed Book 236, page 291 that is dated July 12, 1937 conveyed 40.00 acres from Rosa
B. Harris et al. to Claude C. Herring. The property is described as being the same as
was conveyed by Deed Book 87, page 325.
Deed Book 457, page 399 that is dated April 22, 1969 is the most recent instrument of
record prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed
conveyed 40.00 acres from Claude C. Herring and Ellie Mae Herring to John J. Popkie
and Mildred Juanita Popkie. The property is described as being the same as was
conveyed by Deed Book 236, page 301. Based on this deed, Tax Map 6, Parcel 21 is
determined to be a parcel of record with five (5) development rights.
Deed Book 1302, page 333, dated April 20, 1993, conveyed 40.00 acres from John J.
Popkie to David J. Ford and James Ford. This transaction had no effect on the
parcels.
Deed Book 2730, page 568, dated April 5, 2004, gifted 40.00 acres known as Tax Map
6 Parcel 21 from David J. Ford and James Ford to Barbara Joan Ford as a joint tenant a
one -third (1/3) interest in the property. The property is described as being the same as
was conveyed by Deed Book 1302, page 333. This transaction had no effect on the
parcels.
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 uq estions, please contact me.
Sincerely,
� L
nald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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