HomeMy WebLinkAboutLOD200900010 Letter of Determination 2009-12-01pF Af_>
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COUNTY OF ALBEMARLE
--- -_- -- ------ -------_----D,epar_trent.of_Community Development __----
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 1Fax (434) 972-4126
November
Holmes C. Brown
1894 Stillhouse Creek Road
Afton, VA 22920
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 85, Parcel 39H (Property of Holmes C. Brown) Samuel Miller Magisterial
District
Dear Mr. Brown:
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 85, Parcel 39H is a parcel of record which has five (5) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 85, Parcel 39H contains 40 acres and one (1) dwelling.
The property is within the High Mowing Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 3128, page 370.
This analysis begins with the deed of record in Deed Book 645, page 145 that is dated
March 21, 1978. The .deed contains a description of the retention of 40 acres, more or
less; which lies -northwest of the _center line of State Route 693, know -a -s th-e "Home-------
Place",
Home------ Place", off of what was then Tax Map 85, parcel 39. This deed establishes the
present day Tax Map 85, parcel 39H as a parcel of record.
Deed Book 645, page 149, dated April 21, 1978, described the same 40 acres as being
the same parcel conveyed to Holmes M. & Mary Ellen Brown, husband and wife by
Deed Book 645, page 145. This transaction had no effect on the 40 acre 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 662, page 134, and is dated
December 29, 1978. The deed conveyed converts the tenancy by entirety to a tenancy
in common—held by Holmes M. & Mary Ellen Brown, husband and wife. Among the
property listed in this deed was the 40 acre Home Place described as the same as was
conveyed in Deed Book 645, page 145. Based on this deed, Tax Map 85, Parcel
39H is determined to be a parcel of record with five (5) development rights.
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2009\85-39H LOD2009- 1
010 Brown.doc
Deed Book 3128, page 367, dated October 18, 2005, conveyed one-half interest in the
0 ac -res -f r -or- -h e-Ratesv it le F -a rr Q -u a I-i-fied-Rer-so n at -Res id en-ce-T-ru-s-t4l-to-Holmes -- - -
Cheney Brown. The property is described as being the same as was conveyed by Deed
- -- -Book -645,--page- 145. This transaction- had-no=effect on the parcel. -
Deed Book 3128, page 370, dated December 21, 2005, conveyed the other one-half
interest in the 40 acres from The Batesville Farm Qualified Personal Residence Trust i
to -Holmes -Cheney -Brown. The property is described -as -bein-g-the sameaswas
conveyed by Deed. Book .645, page 145. This transaction had no effect on the
parcel.
raggulations 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 -m -ay -create --as many__smalier-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.
Sinc y
Ronald L. Higgins, AICP
- Chief of --Zoning------- _ -_ . --- ------ -- -------
r
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2009\85-39H LOD2009- 2
010 Brown.doc