HomeMy WebLinkAboutLOD199800006 Letter of Determination 1998-09-24September 24, 1998
CORRECTED DATE
Cheryl Stockton
Kirk Hughes & Associates
220 East High Street
Charlottesville,Virginia 22902
Fax 295-7540
Re: Official Determination of Number of Parcels — Section 10.3.1
Tax Map 89, Parcel 65
Dear Ms. Stockton,
I have reviewed the information you have submitted for the above -noted property. It is
my official determination that this property consists of one (1) parcel. On the date of
adoption of the zoning ordinance, this property consisted of about 124.92 acres as
described by Deed Book 611 Page 494. At that time, this parcel was entitled to five (5)
theoretical development rights. As a result of subdivision of this property in 1998 so as
to create lot# 1 with one (1) development right (DB 1712 Pg 452), the residue of 118.3
acres now has four (4) theoretical development rights.
In making this determination I have considered the descriptive clauses of the relevant
deed, which delineate and enumerate the property as consisting of "all that certain tract
or parcel of land." More importantly, I have relied on the plat by William S. Roudabush,
Inc. and Associates, dated December 28th, 1976 that is attached to the deed. The plat is
entitled "Plat showing a survey of 124.92 acres consisting of property." Although the
plat states the three deed books that are the source of the property, it shows the property
as a single parcel.
The land is treated as one parcel by the legal instruments of the deed and plat. As far as I
understand, the ownership is continuous and the land is not separated by a state road,
railroad or the property of others.
Letter to Cheryl Stockton
September 24, 1998
Page 2
My determination is further supported by the plat that was recorded in DB 1712 Pg 452
in June 1998, which creates lot#1 of 6.654 acres. Note #15 states "Lot 1 is allocated one
development right and four development rights are allocated to the remainder of Tax Map
89, Parcel 65."
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 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 $95. 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.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Samuel Miller Magisterial District
One parcel by tax map, one parcel by determination
cc: Benjamin Warthen or Terry Gwyn, owners
Ella Carey, Clerk to the Board of Supervisors
IADEPT\Building & Zoning\DeterminofParcel\det89-65.doc