HomeMy WebLinkAboutLOD200900019 Letter of Determination 2010-03-01h� pF ALg&
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5$32
February 22, 2009
Mary B. Sheridan, Executor
Phillip L. Sheridan Estate
2500 Bezaleel Drive
Crozet, VA 22932
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 26,
Parcels 33A & 33B (Property of Phillip L. Sheridan Estate) Whitehall Magisterial
District
Dear Ms. Sheridan:
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 26, Parcel 33A is a parcel of record which has five (5) theoretical development
rights and Tax Map 26, Parcel 33B is a parcel of record which has four (4) theoretical
development rights. The basis for this determination follows.
Our records indicate Tax Map 26, Parcel 33A contains 61.71 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 1608, page 297.
Our records indicate Tax Map 26, Parcel 33B contains 60.874 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 3094, page 412.
This analysis begins with the deed of record in Deed Book 416, page 475 that is dated
March 4, 1966. This deed conveyed 61.71 acres from John E. & Dorothy F. Sheridan,
husband and wife, to John F. & Nancy R. Sheridan, husband and wife. The deed
contains a plat by Paul M. Saunders, CLS, dated November 6, 1965, which shows
"Tract C" (Parcel 33A) containing 61.71 acres and "Tract D" (Parcel 33B) containing
67.55 acres. This deed establishes the two parcels as parcels of record.
The most recent instrument for parcel 33A recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 582, page 450 and dated
October 8, 1975. This deed conveyed 61.71 acres from John F. & Nancy R. Sheridan,
husband and wife, to Phillip L. & Mary B. Sheridan, husband and wife. The land is
described as being the same as conveyed by Deed Book 416, page 475. Based on
1
this deed, Tax Map 26, Parcel 33A is determined to be a parcel of record with five
(5) theoretical development rights.
The most recent instrument for parcel 33B recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 416, page 473, and is dated
March 4, 1966. The deed conveyed 67.55 acres known as Tax Map 26, Parcel 33B,
from John E. & Dorothy F. Sheridan, husband and wife, to Phillip Lee & Mary B.
Sheridan, husband and wife. Based on this deed, Tax Map 26, Parcel 33B is
rrllafermininH fn he w nnrr -ol of rer;nrril ,niifh five Iril fhenrefical de;ielonmcnt rinhtc
Deed Book 1608, page 297, dated April 14, 1997, conveyed 61.71 acres from Phillip L.
& Mary B. Sheridan, husband and wife, to Phillip L. Sheridan. The property is described
as being the same as was conveyed by Deed Book 582, page 450. This transaction
had no effect on the parcels.
Deed Book 1608, page 303, dated April 14, 1997, conveyed 67.55 acres from Phillip
Lee & Mary B. Sheridan, husband and wife, to Phillip L. Sheridan. The property is
described as being the same as was conveyed by Deed Book 416, page 473. This
transaction had no effect on the parcels.
Deed Book 3094, page 408, dated October 27, 2005, conveyed 6.676 acres from Phillip
L. Sheridan Estate, Mary B. Sheridan, Executor, to Mary B. Sheridan. The property is
described as being a portion of the same property as was conveyed by Deed Book
1608, page 303. This transaction resulted in the parent parcel, Tax Map 26, Parcel
33B, retaining four (4) theoretical development rights.
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 uestions, please contact me.
incerel
Rio-n--ald L. Higgins, AIC
Chief of Zoning
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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801) s Albemarle County O L Tax Map:
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Note I'hts map is for display purposes only
and snows parcels as 0112/31 /2008
�.� Sea Map t'3cok Inircoucnon for additional details