HomeMy WebLinkAboutLOD200000013 Letter of Determination 2000-12-07pF ALR��-v
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (804) 972-4126 TELEPHONE (804) 296-5832 TTD (804) 972-4012
December 7, 2000
Forbes Reback
P. O. Box 20
Charlottesville, Virginia 22902
RE: Hunting Ridge Farm, Tax Map 42 parcels 43 and 43A
Dear Mr. Reback:
You have asked how the County views a parcel that is physically divided by virtue of a state
maintained road. This issue was decided in the rule of Sanford v. Board of Zoning Appeals of Albers axle
Coamty, Case No. 3984-L. In Sanford, the Circuit Court concluded that a "parcel x" was a separate
parcel of land when it was severed from its original tract by the commonwealth's acquisition of a fee
simple interest in a strip of land for a state road. We have extended the Sanford rule to apply to those
cases where a parcel was severed because the Commonwealth acquired a prescriptive easement over
a public road in the secondary system as well.
Therefore, in applying Sanfrnd to Hunting Ridge Farm, we would find it to be two separate parcels of
record if the state road, Rt. 678, was either owned fee simple by the Commonwealth or the
Commonwealth held a prescriptive easement over road on the date that we adopted our current
Zoning Ordinance— December 10, 1980. If that were the case, we would also recognize the
development rights of each parcel independently.
I hope you will find this information helpful. If I can assist you with anything else, please call again.
Sincerely,
Jan Sprinkle
Chief of Zoning Administration
C:1My DocumentsUan's Current Review StuffiLetters142-43Reback.doc