HomeMy WebLinkAboutLOD199900003 Letter of Determination 1999-03-17March 17, 1999
Fred Willard
1765 Mint Spring Road
Crozet, Virginia 22932
Elaine Clark
1765 Mint Spring Road
Crozet, Virginia 22932
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1
Tax Map 39, Parcel 24 (Property of Elaine Clarke)
Dear Mr. Willard and Ms. Clark:
The County Attorney and I have reviewed the title information you have submitted for the above -noted
property. It is my official determination, supported by the County Attorney's advisory opinion, that this
property consists of two (2) separate parcels:
Parcel 1— 54 acres (5 development rights)
Parcel 2 — 7.25 acres (3 development rights)
Each of these lawfully separate parcels is entitled to associated development rights. The 54 acre parcel
has all five (5) development rights. Therefore, it may be divided into a maximum of five parcels that
must be greater than 2 acres and less than 21 acres while containing an aggregate of no more than 31
acres. The total, maximum number of lots hypothetically available, including the 21 -acre, by right lots,
would be seven (7). The smaller, 7.25 -acre parcel would have a maximum of 3 lots, no less than the
minimum lot size of 2 acres in the Rural Areas zoning district. Development rights are hypothetical in
that the rights exist only if it can be demonstrated that all new lots can meet all County regulations in
effect at the time of subdivision.
This is a case where the County's real estate records (including the map), previously recognized two
parcels (24 and 26) and were amended to recognize only one parcel, parcel 24. There was no intent on
the owner's part, either in action or by deed, to combine these properties. The County did it under a
somewhat routine practice whenever one entity owned multiple adjoining parcels.
This determination results in one (1) additional parcel than is shown with a parcel number on the
current County tax maps. As separate parcels, any individual parcel may be conveyed separately. If you
Parcel Determination TMP39-24 Page 2 8/20/2095
choose, I can sign a plat for recordation which reestablishes that parcel boundary and notes this
determination.
Your submittal of information including an entire title search was most comprehensive and greatly
assisted this review. This determination considered among other findings, the descriptive clauses of the
deed 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
the property was acquired in one deed at DB529/626, the parcels are separately described and are
referred to as "all that certain tract or parcel of land ... composed of the following contiguous parcels
of land." The "contiguous parcels" are then set out as: (1) the 54 acre parcel, and, "(2) Three tracts of
land containing respectively 7 1/4 acres, 10 acres and 28 acres, more or less, shown on plat or record in
said Clerk's Office in Deed Book 241 page 473." The 10 and 28 acre parcels were then sold in 1975 to a
third party, leaving only the 7 1/4acre parcel as tract 2. We will therefore recognize the two tracts: parcel
24 of 54 acres and former parcel 26 of the remaining 7 1/4 acres.
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,
Janice D. Sprinkle
Deputy Zoning Administrator
cc: Maynard Sipe, Planning Department
Gay Carver, Real Estate Department
Ella Carey Clerk, Board of Supervisors
Reading Files
NOTE:
One (1) additional parcel
LIDEP-nCommunity DevelopmentlZoning & Current Development Division Oeterminations of ParceII1999139-24 Clarke.doc