HomeMy WebLinkAboutLOD200900007 Letter of Determination 2009-08-06COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 3, 2009
Harvey J. & Leslie L. Wilcox
P. O. Box 338
Ivy, VA 22945
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 58,
Parcel 64E4 (Property of Harvey J. & Leslie L. Wilcox) Samuel Miller Magisterial
District
Dear Mr. & Mrs. Wilcox:
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 58, Parcel 64E4 is comprised of the original parcel 64E4 with five (5)
theoretical development rights, several small additions and a four acre addition from
Tax Map 58, Parcel 54 that contains one (1) theoretical development right. This results
in a total of six (6) theoretical development rights. The basis for this determination
follows.
Our records indicate Tax Map 58, Parcel 64E4 contains 16.406 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 3557, page 677.
This analysis begins with the deed of record in Deed Book 635, page 324 that is dated
October 27, 1977. The deed contains a description of a Parcel "C" and a reference to a
recorded plat of William S. Roudabush, Jr., C.L.S. dated June 12, 1975, showing this
Parcel "C" containing 10.95 acres being conveyed from C. Preston & Jeannine H.
Locher, husband & wife, to W. Edward & Donna M. McClenahan, husband & wife. This
deed establishes Tax Map 58, Parcel 64E4 as a parcel of record with 10.95 acres.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 651, page 481, and is dated
June 28, 1978. The deed conveyed 11.39 acres known as Tax Map 58, Parcel 64E4
from W. Edward & Donna M. McClenahan, husband & wife, to W. Chave & Mary Tyler
McCracken, husband & wife. This property is described as being the same as was
conveyed by Deed Book 635, page 324 plus .44 acres added as the access. Based
on this deed, Tax Map 58, Parcel 64E4 is determined to be a parcel of record with
five (5) theoretical development rights.
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2009\58-64E4 LOD2009-
007. Wilcox.doc
Deed Book 819, page 181, dated October 24, 1984, conveyed .985 acres of an
adjoining property from Special Commissioner R. Lecky Stone, Jr. to W. Chave & Mary
Tyler McCracken. The property is described as being the added to and becoming part of
the existing parcel owned by the McCrackens, Tax Map 58, Parcel 64E4. No
development rights were conveyed in this transaction This transaction had no effect
on the parcel.
Deed Book 1449, page 255, dated December 30, 1994, conveyed 12.366 acres from W.
C'.have & Mary Tyler McCracken husband & wife to Harvey J, & Leslie L. Wilcox,
husband and wife. The property is described as being the same as was conveyed by
Deed Book 651, page 481 and by Deed Book 819, page 181. This transaction had no
effect on the parcel.
Deed Book 1494, page 387, dated August 4, 1995, conveyed 4.00 acres from Trustees
of the Gladys S. Blizzard Trust to Harvey J. & Leslie L. Wilcox, husband and wife. The
property is described as being a portion of the adjacent property, Tax Map 58, Parcel 54
being added to and combined with the Wilcox property, Tax Map 58, Parcel 64E4. This
transaction included the conveyance of one development right for the 4 acres as
stated on the approved and recorded plat by Roger W. Ray, L.S. and dated
August 15, 1995. This brought the total number of theoretical development rights
to six (6) for Tax Map 58, Parcel 64E4.
Deed Book 3557, page 677, dated January 30, 2008, conveyed .04 acres from Richard
T. Selden to Harvey J. & Leslie L. Wilcox, husband and wife. The property is described
as being the portion of the access road fronting and being added to Tax Map 58, Parcel
64E4, bringing the total area of Parcel to 16.406 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 yo'have aa�nyestions, please contact me.
Si erely,
tnald L. Higgins, AICP
Chief of Zoning Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
lADEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2009\58-64E4 LOD2009- 2
007, Wilcox.doc
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