HomeMy WebLinkAboutLOD200000015 Letter of Determination 2001-01-24January 24, 2001
Arthur H. and Joann F. Freeman
6069 Windsor Farm Road
Summerfield, NC 27358
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 69, Parcel 50, Parcel 50A, and Parcel 50C (Property Arthur H. or Joann F.
Freeman) Section 10.3.1
Dear Mr. and Mrs. Freeman:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 69 Parcel 50 contains one (1) theoretical development right. Tax Map 69,
Parcel 50A contains three (3) theoretical development rights. Tax Map 69, Parcel 50C
contains four (4) theoretical development rights. The basis for this determination is
provided below.
Tax Map 69, Parcels 50 & 50C: Our records indicate Parcel 50 contains 44.056 acres
and 3 dwellings. One of the dwellings is a mobile home. Parcel 50C contains 66.074
acres and no dwellings. These parcels were combined in one parcel on the date of the
adoption of the ordinance. The most recent deed for that property prior to the date of
adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is found in
Deed Book 436, page 489. It is a taking for the Route 250 right of way dated November
15, 1967; Commonwealth of Virginia v. Robert Goodloe Saunders & Mary Jane
Saunders. Neither the area of the land taken nor the area of the residue was mentioned.
Deed Book 269, page 530 dated June 24, 1946 between Robert Goodloe Saunders &
Margaret McCue Saunders and the Commonwealth of Virginia. This deed conveyed
3.33 acres for Route 250 right of way. The area of the residue of the parcel was not
mentioned.
Deed Book 188, page 3, dated November 1, 1923 records a deed of partition. Mary
McCue Brown was allotted a tract containing 105.9 acres. This is the parent parcel of
50A. Martha Jane McCue and William Hall McCue were jointly allotted a tract
containing 113.4 acres. This is the parent parcel of 50. The residues of these parcels,
Freeman Determination
January 24, 2001
Page 2
after the above mentioned conveyances to the highway, each had five development
rights on the date of the adoption of the ordinance.
Deed Book 867, page 305 dated February 4, 1986 is between Andrew J. Gmeiner &
Joanna L. Gmeiner and Michael K. Voth and Sallie C. Voth. This plat included an
exchange of land between Parcels 50 and 50A. No development rights were exchanged
between Parcels 50 and 50A. The resulting acreage of Parcel 50 was 119.48. It
retained its full compliment of development rights.
Deed Book 892, page 154, dated July 29, 1986 is between Andrew J. Gmeiner &
Joanna L. Gmeiner and Carolyn Musselman & E. Shannon G. Shirley, Trustees for
Mountain View Land Trust. It divided the 9.5 acre portion of parcel 50 located on the
west side of Route 6. The notes on the plat conveyed 2 development rights. The residue
of the parcel on the east side retained 3 development rights. However, based on Ann H.
Sanford v. Board of Zoning Appeals of Albemarle County, Virginia and City of Winston
Salem v. Tickle, Parcel 50 is considered to be two separate parcels divided by Route 6.
Therefore, as a result of this transaction and in spite of the note on the plat recorded
with this deed, the portion of Parcel 50 on the East side of Route 6 retained its five (5)
development rights.
Deed Book 1845, page 57, dated July 23, 1999 is between Forbes R. Reback, Trustee
of the Fiddlers Green Land Trust and Arthur H. Freeman and Joann F. Freeman.
Attached to the deed is a plat that divided 44.056 acres from Parcel 50. One (1)
development right was conveyed to this parcel. The residue of 66.074 acres retained 4
development rights. No other off -conveyances from Parcel 50 have occurred since this
transaction. Therefore, Parcel 50 has one (1) development right and Parcel 50C has
four (4) development rights.
Tax Map 69, Parcel 50A: Our records indicate this parcel contains 37.910 acres and no
dwellings. As described above this parcel was established as a parcel of record in Deed
Book 188, page 3.
Deed Book 867, page 305, referenced above and dated February 4, 1986, between
Andrew J. Gmeiner & Joanna L. Gmeiner and Michael K. Voth and Sallie C. Voth also
affected Parcel 50A. This conveyed a 57.14 acre tract comprised of portions of parcel
50A and Parcel 50 that were added to Parcel 20. Two development rights were
conveyed from parcel 50 A with this tract. This transaction also transferred 8.5 acres
from Parcel 50A to Parcel 50. No development rights were included with the 8.5 acres.
There have been no off -conveyances since February 4, 1986. As a result of these
transfers, the residue of Parcel 50A retained 37.91 acres and three (3) development
rights.
Freeman Determination
January 24, 2001
Page 3
Each of the above mentioned parcels is entitled to the noted development rights if all
other applicable regulations can be met. These development rights are hypothetical in
nature but do represent the maximum number of lots containing less than twenty one
acres allowed to be created by right. In addition to the development right lots, a "parent
parcel" may create as many parcels containing a minimum of twenty one acres as it has
land to make.
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 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,
John Shepherd
Manager of Zoning Administration
Copies: McChesney Goodall, ACE Program Coordinator
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
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