HomeMy WebLinkAboutLOD200900003 Letter of Determination 2009-07-16COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 8, 2009
Mr. Hunter Lewis
109 Cavalier Drive
Charlottesville, VA 22901
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 27, Parcel 6 (Property of Hunter Lewis) Whitehall Magisterial District
Dear Mr. Lewis:
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 27, Parcel 6 contains three (3) lots of record with five (5) theoretical
development rights each for a total of fifteen (15) theoretical development rights. The
basis for this determination follows.
Our records indicate Tax Map 27, Parcel 6 contains 180.760 acres and one (1)
dwelling. The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is a certificate of plat recorded in Deed Book 3650,
page 538.
This analysis begins with the deed of record in Deed Book 280, page 499 that is dated
October 2, 1948. The deed contains a description of three tracts of land containing 54
acres, more or less, 18 acres, more or less and 70 4/10 acres, more or less. This deed
conveyed the three tracts from Roy B. Blackwell and Virgie M. Blackwell to A. C. Shiflett
and Chester C. Shiflett.
Deed Book 615, page 437, dated March 7, 1977, conveyed "an undivided one-half
interest in one-quarter acre, more or less," from A. C. Shiflett and Theresa Ann Shiflett,
husband and wife, to Chester C. Shiflett and Theresa Mary Shiflett, husband and wife.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 616, page 230, and is dated
March 18, 1977. The deed corrected the aforesaid deed, Deed Book 615, page 437, to
include the conveyance to Chester C. Shiflett and Theresa Mary Shiflett the three tracts
conveyed in Deed Book 280, page 499 of 54, 18 and 70 4/10ths acres, respectively,
now known as Tax Map 27, Parcel 6. Based on this deed, Tax Map 27, Parcel 6 is
determined to be three parcels of record with five (5) theoretical development
rights each for a total of fifteen (15) theoretical development rights.
Deed Book 3465, page 137, dated July 24, 2007, conveyed, among other tracts, the
three tracts containing 54 acres, 18 acres and 70.04 acres, respectively, from the estate
of Theresa Mary Shiflett to Hunter Lewis. The property is described as being the same
as was conveyed by Deed Book 280, page 499 and by the Deed of Correction,
recorded in Deed Book 616, page 230. This deed further describes the three tracts as
"on current Albemarle County Tax Map 27 as Parcel 6, however, there is no intent by
the terms of this deed to consolidate said parcels". This transaction had no effect on
the parcels.
Deed Book 3650, page 538, dated November 3, 2007, is a Certificate of Plat which
accurately shows the three tracts making up Albemarle County Tax Map 27, Parcel 6,
totaling 18 acres, 73.54 acres and 88.20 acres, respectively, for a grand total of 179.78
acres. 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 questions, please contact me.
Since y,
Ronald L. Higgins, AICP
Chief of Zoning
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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