HomeMy WebLinkAboutLOD200900004 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
Brian S. Ray, LS
c/o Roger W. Ray & Associates, Inc.
1717-1 B Allied Street
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 56A2 ((1)), Parcel 12 (Property of Tabor Presbyterian Church) Whitehall
Magisterial District
Dear Mr. Ray:
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 56A2 ((1)), Parcel 12 is two (2) parcels of record. The basis for this
determination follows.
Our records indicate Tax Map 56A2 ((1)), Parcel 12 contains .885 acres and no
dwellings. The property is not within an Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 3406, page 212.
This analysis begins with the deed of record in Deed Book 151, page 16 that is dated
November 13, 1912. The deed contains a description of the portion of Parcel 12 east of
a twelve foot alley containing 53/1 00th of an acre, conveyed from A. C. Shelton and
Betty G. Shelton to Trustees for the Presbyterian congregation known as Tabor Church.
This deed establishes the rear or east portion of Tax Map 56A2 ((1)), Parcel 12 as
a lot of record.
Deed Book 172, page 184, dated January 5, 1920, conveyed 1/2 acre from W. H.
Rogers and Virgilia A. Rogers to Trustees of the Tabor Presbyterian Church. The land
is described as lying on the west side of a twelve foot alley. This deed established the
front or west portion of Tax Map 56A2 ((1)), Parcel 12 as a lot of record.
Deed Book 151, page 16 and Deed Book 172, page 184 are he most recent instruments
for these parcels recorded prior to the adoption of the Zoning Ordinance, December 10,
1980. The deeds conveyed 53/1 00th and 1/2 acres now known as Tax Map 56A2 ((1)),
Parcel 12. Based on these deeds, Tax Map 56A2 ((1)), Parcel 12 is determined to
be two parcels of record.
IADEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2009\56A2 ((1))-12
LOD2009-004 Tabor Presby Church.doc
Deed Book 1409, page 164, dated June 1, 1994, conveyed 6,329 square feet of land
from the Trustees of Tabor Presbyterian Church to the Commonwealth of Virginia. The
property is described as being the same as was conveyed by Deed Book 172, page
184. This transaction had no effect on the parcels.
Deed Book 3406, page 212, dated January 31, 2007, conveyed two lots, among other
property, from Trustees of Tabor Presbyterian Church to Tabor Presbyterian Church.
The property is described as being the same as was conveyed by Deed Book 151, page
16 and Deed Book 172, page 184. 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.
Sincer ,
onald L. Higgins, AICP
Chief of Zoning
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2009\56A2 ((1))-12 2
LOD2009-004 Tabor Presby Church.doc