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HomeMy WebLinkAboutLOD200000010 Letter of Determination 2000-09-25September 25, 2000 Doug Kingma P.O. Box 5626 Charlottesville, VA 22905 Re: Official Determination of Number of Parcels — (Tax Map 55, Parcel 13) Katherine Gray Shirley Trust Dear Mr. Kingma: The County Attorney and I have reviewed the deed and plat information that you have submitted for the above -noted property. It is my official determination, that this property consists of one parcel. Tax Map 55, Parcel 13 is one parcel of record which consists of about 43 17/160 acres. This parcel is entitled to a total of five (5) 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. In addition to the development right lots, one parcel with a minimum of 21 acres in area may potentially be created. This determination primarily considered the history of acquisition of the property and the language of the deeds. There was a 1907 partition which established 3 lots. One of these was the 48 17/160 acre "Lot 1" now owned by the KG Shirley Trust (less the 5 acre lot that was previously divided from it). The partition order establishing Lot 1 and the accompanying plat showing Lot 1, identify a single parcel comprised of 48 17/160 acres. While the accompanying plat shows the acreage of Lot 1 in 3 subtotals, there is no indication that these subtotals reflect separate parcels that survived through 1980. The areas comprising each subtotaled acreage are separated by dashed 08/21/15 Page 2 of 2 Determination of Parcels (TM 55, P13) lines. Separate parcels are commonly depicted with solid and not dashed lines. Furthermore, the subtotaled acreage is not defined and described by metes and bounds. This further stands for the fact that the subtotaled acreage is not set apart and created as freestanding parcels. 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. If you have any questions, please feel free to contact me at your convenience. Sincerely, Amelia G. McCulley Zoning Administrator Cc: Katherine Gray Shirley Trust c/o Cameron Maxwell George Dygert, Attorney Ella Carey, Clerk to the Board Reading File by Tax Map 1 by tax map, 1 by determination "This acreage is estimated. The actual number of development rights is dependent on surveyed acreage and actual building sites which comply with the zoning regulations. The number of hypothetical rights is calculated at the rate of 1 development right per 2 acres, with five being the maximum number of development rights allowed.