HomeMy WebLinkAboutLOD199300003 Letter of Determination 1993-03-23COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
2ND LETTER - CORRECTION TO TAX MAP NUMBER AND ATTACHMENT ADDED
March 23, 1993
Roger W. Ray
1717 Allied Street
Charlottesville, Virginia 22901
RE: OFFICIAL DETERMNATION OF NUMBER OF PARCELS - Section 10.3.1
Tax Map 10, Parcel 5 (Property of Otis L. Collier)
Dear Mr. Ray
The County Attorney and I have reviewed the title information you have submitted for the
above -noted property. It is the County Attorney's advisory opinion and my official
determination, that this property consists of three (3) separate parcels:
1) Approximately 8.3 acres lying mostly south of the southern private road;
2) Approximately 14.5 acres lying south of the northern private road;
3) Approximately 8.8 acres also lying south of the northern private road, and adjacent to the east
of the parcel described in #2 above.
Each of these lawfully separate parcels is entitled to associated development rights. This
determination results in two (2) additional parcels than are shown with a parcel number on the
County tax maps.
This determination considered the descriptive clauses of the last deed of record on the date of
adoption of the ordinance, which delineate the property as "being composed of 3 adjoining tracts
of land." This consideration is based on the findings of the VA Supreme Court in the case,
Faison v. Union Camp 224 VA 54.
March 22, 1993
Otis Collier/Roger Ray
Page 2
The attached sketch illustrates the property transactions after 1958. The most recent deed of
record as of the date of adoption of the Zoning Ordinance is found in Deed Book 341, Page 253.
It is dated July 11, 1958 from Lizzie S. and Sam Walker and Vessie S. and Clarence Cox, to
Otis L. Collier. This deed describes the following parcels:
1) A tract of 15 acres. Later, but prior to December 10, 1980, this parcel was divided to
create two (2) parcels of 3.413 and 3.536 acres. They were recorded in Deed Book 493,
* Pages 135 and 141 and are now shown as parcels 1A and 1B on Tax Map 19. There were
no off -conveyances after 1980. From the original 15 1/4 acres, there are approximately
8.3 acres remaining with four (4) theoretical development rights;
2) A tract of 23 1/2 acres. There were no off -conveyances prior to 1980. Afterwards, 14.69
acres were added to adjacent Tax Map 19, parcel 1, with no development rights. The
remaining 8.8 acres has four (4) theoretical development rights;
3) A tract of 30 acres. Later, but prior to December 10, 1980, this parcel was divided to
create a parcel of 13.398 acres. This was recorded in Deed Book 543, Page 207 and is
now shown as parcel 5A. After 1980, a 2.01 acre parcel was created. This was recorded
in Deed Book 1044, Page 35 and is now shown as parcel 5B. From the original 30 acres,
there is approximately 14.59 acres remaining with four (4) theoretical development rights.
Anyone aggrieved by this decision may file a written appeal within thirty (30) days of the date
of this letter. If you have any question, please feel free to contact me at your convenience.
Sincerely,
C
melia G. McCulley
Zoning Administrator
AGM/
cc: Jan Sprinkle, Planning Department
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
NOTE:
Two (2) additional parcels
One (1) by Tax Map, three (3) by determination
W