HomeMy WebLinkAboutLOD200000017 Letter of Determination 2001-02-02February 2, 2001
W. Brand McCaskill
5114 Dick Wood Road
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 72, Parcel 51 (Property of W. Brand McCaskill & Elizabeth T. & William Brand
McCaskill, Jr. or Cynthia Londree McCaskill) Section 10.3.1
Dear Mr. McCaskill:
N.B.: This letter replaces the determination of development rights for this parcel dated
January 24, 2001. This revises the number of dwellings on the property from one to two.
The County Attorney and I have reviewed the title information for the above -noted
property. It is the County Attorney's advisory opinion and my official determination that
Tax Map 72 Parcel 51 contains nine (9) theoretical development rights. The basis for
this determination is provided below.
Our records indicate this parcel contains 167.602 acres and two dwellings. The most
recent deed for this property prior to the date of adoption of the Albemarle County
Zoning Ordinance (December 10, 1980) is found in Deed Book 304, page 549. It is
dated April 14, 1953 between Bruce D. Reynolds & Downing Smith, Trustees and W. B.
McCaskill & Elizabeth McCaskill, and Almeyda T. Spratley & G.L. Spratley. It conveyed
175.7 acres.
Deed Book 810, page 398, dated July 25, 1984 between W. B. McCaskill & Elizabeth
McCaskill and Lester L. Clark & Meredith Ann Clark conveyed 5.078 acres. The plat
noted that the residue of Parcel 51 retains four (4) division rights. That plat also noted
the residue contained 170.88 acres +/-.
Deed Book 997, page 268, dated January 7, 1988 between Elizabeth Twist McCaskill &
William Brand McCaskill and the Commonwealth of Virginia conveyed a strip of land for
the improvement of State Route 637. This transaction did not involve the transfer of
development rights. There have been no off -conveyances from this parcel since
January 7, 1988.
McCaskill Determination
February 2, 2001
Page 2
Further, it is my determination that Parcel 51 consists of two (2) separate parcels. This
is based on Ann H. Sanford v. Board of Zoning Appeals of Albemarle County, Virginia
and City of Winston Salem v. Tickle. The parcel is divided by State Route 637. Each of
these separate parcels is considered to have had a full compliment of development
rights on the effective date of the ordinance. Therefore, the portion of Parcel located on
the North side of Route 637 has four (4) development rights. The portion of Parcel
located on the South side of Route 37 has five (5) development rights
The above mentioned parcels are entitled to the noted development rights if all other
applicable regulations can be met. These development rights are theoretical 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
Reading Files
One additional parcel by Tax Map