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Home My WebLink AboutLOD199900002 Letter of Determination 1999-04-21RALPH E VIA 6416 VIRGINIA HILLS AVE ALEXANDRIA, VA 22310 April 21, 1999 Bill Downer P.O. Box 17 Charlottesville, Virginia 22902 RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1 Tax Map 18, Parcel 21A Dear Mr. Downer: This letter is to confirm in writing for the record, the determination which I have shared with you verbally. The County Attorney and I have reviewed the title information you have submitted and other County records for the above -noted property. It is my official determination and the County Attorney's advisory opinion that at the date of adoption of the Zoning Ordinance this property consisted of two (2) separate parcels comprised of approximately 22 and 7.34 acres. This is a case where the County's real estate records, previously recognized the two separate tracts, each with its own acreage, and mapped them separately, but listed them in the land book with the same number. When the County converted from manual to computerized land records in the mid - 1970's the file was amended to list only one parcel, 21A, with the total acreage, and the map was amended to add a `land -hook,' unofficially combining the tracts into one. There was no intent on the owner's part, either in action or by deed, to combine these properties. It was done by the County under the common practice at the time when one entity owned adjoining parcels. This determination considered among other findings, the descriptive clauses of the deeds and the manner in which the properties were acquired. In that respect, this consideration is based on the findings of the Virginia Supreme Court in the case, Faison v. Union Camp 224 VA 54. Although acquired in one deed, the parcels were purchased from different owners and came from different tracts. Their ownership changed through the years, but they were always described in the deeds as separate parcels. The 1975 deed where Mr. Via acquired these two tracts (and a one -acre tract not subject to this determination) states, "all of those certain lots or parcels of land ... which adjoin each other forming one parcel of 32.34 acres more or less..." and further defines them as "Those two parcels of 24 acres and 7.34 acres respectively ..." I:0EPTICommunity DevelopmenhZoning & Current Development Division Oeterminations of Parceh1999M-21A Via.doc Official Determination, TMP18121A Page 2 8/20/2015 These two parcels are now described as follows: Parcel 1. This parcel currently consists of about 22 acres. It is located on the west side of Rt. 666 with all the frontage of parcel 21A remaining after the 1994 creation of parcel 21A1 (two acres). This and the parcel described under number 2 below, were acquired originally by conveyance from R.L. and Ruth Mooney, to Ralph E. and Doris Ann Via. This deed is found in DB442 page 154. A later deed at DB572/552, used the same language in transferring the parcels from Mr. Via and his former wife to his sole ownership. Parcel 2. This parcel currently consists of about 7.34 acres. It is located on the west side of and adjacent to parcel 21A, described above. It has no road frontage, but was created by deed description as an 8 -acre tract in DB271 /489 (1946). It was surveyed in 1949 and determined to be 7.34 acres. (See DB307/518.) Each of these lawfully separate parcels is entitled to associated development rights if all other applicable regulations can be met. These development rights are only hypothetical in nature but do represent the maximum number of lots of less than 21 acres allowed to be created by right. The 22 - acre parcel has 4 remaining development rights with one of its original five rights being used for the creation of parcel 21A1 in 1994. The 7.34 acre parcel has a maximum of 3 development rights. This determination results in one (1) additional parcel than is shown with a parcel number on the current County tax maps. As separate parcels, they may be conveyed independently. If you choose, I can sign a plat for recordation which re-establishes the parcel boundaries and notes this determination. If you are aggrieved by this determination, you have the right to appeal it within thirty (30) 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. In order for an appeal to be considered complete, it shall include a completed application and $95 fee. The date notice of this determination was given is the same as the date of this letter. Sincerely, Jan Sprinkle Chief of Zoning Administration cc: Maynard Sipe, Planning Department Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading File, TMP 126-31A Ralph E. Via, Owner NOTE: One (1) parcel by Tax Map, two (2) parcels by determination = one (1) additional parcel