HomeMy WebLinkAboutLOD200000020 Letter of Determination 2001-01-30January 30, 2001
Edward and Tracy Scharer
2935 Thomas Jefferson Parkway
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 93, Parcel 51 A (Property of Edward and Tracy Scharer) Section 10.3.1
Dear Mr. and Mrs. Scharer:
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 93 Parcel 51A contains eight (8) theoretical development rights. The basis
for this determination is provided below.
Our records indicate that Parcel 51A contains 113.396 acres and no 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 639, page 485, dated
December 29, 1977 between Edward Scharer & Tracy Scharer and John Pollock. This
deed in trust conveyed 200.5 acres (now Tax Map 105, Parcel 124) described as a
portion of a larger tract conveyed by a deed recorded in deed book 524, page 71. That
tract was comprised of Parcel 50 containing 371.69 acres, Parcel 51 containing 228.9
and Parcel 49A containing 0.51 acres. Together, these tracts contained 601.10 acres.
These tracts were combined by the Real Estate Department and designated as
Combined Parcel 50. The residue contained 400.60 acres. Old Parcels 50 and 51 are
considered to be parent parcels, each with a full compliment of development rights.
Parcel 49A was added to Parcel 50 in an exchange described in Deed Book 366, page
444. This tract is located on the East side of State Route 729 within Parcel 50C. It has
no affect on the development rights of Parcel 51A. The history of this property since the
off -conveyance of this 200.5 acres is provided below.
Deed Book 845, page 385, dated July 15, 1985 is between Edward Scharer & Tracy
Scharer and Jack B. Yowell & Carolyn T. Yowell. This deed divided 10 acres from
Combined Parcel 50 leaving a residue of 387.612 acres. The plat, approved June 18,
1985 assigned two development rights to Parcel A (now Parcel 50B). Three
development rights remained with Old Parcel 50. The development rights associated
with Old Parcel 51 were not affected by this transaction.
Scharer Determination
January 30, 2001
Page 2
Deed Book 869, page 738, dated January 6, 1986 is between Edward Scharer & Tracy
Scharer and Robert P. Yowell. This deed divided 47.060 acres from Parcel 50 leaving a
residue of 340.552 acres. The plat, approved December 18, 1985, assigned no
development rights to Parcel B (now Parcel 50C). Old Parcel 50 retained three
development rights. The development rights associated with Old Parcel 51 were not
affected by this transaction.
Deed Book 873, page 489, dated February 13,1986 was between Edward Scharer &
Tracy Scharer and the Commonwealth of Virginia. It conveyed 0.010 acres for right of
way for State Route 729. The remaining acreage for Combined Parcel 50 was 340.542.
Development rights were not affected by this transaction.
Deed Book 1174, page 515, dated June 1, 1991 is between Edward Scharer & Tracy
Scharer and Robert P. Yowell & Linda K. Yowell. This deed divided 116.826 acres from
Combined Parcel 50. The new survey showed a residue of 223.3956 acres to the West
of State Route 53 and 0.3294 acres to the East of State Route 53. The plat, approved
July 16, 1991 assigned no development rights to Parcel D (now Parcel 50D). Three
development rights remained with the residue of Old Parcel 50 and five were associated
with the portion of Old Parcel 51 located to the West of State Route 53.
Deed Book 1957, page 465 dated September 12, 2000 is between Edward Scharer &
Tracy Scharer and Gregory E. Scharer & Wendy A. Scharer. This deed divided Parcel E
containing 110.00 acres, now designated as Parcel 50, from Combined Parcel 50. The
new survey showed Parcel C, the residue of 113.396 acres, now designated as Parcel
51A to the West of State Route 53 and 0.329 acres, now designated as Parcel 51 B, to
the East of State Route 53. The plat, approved September 6, 2000, assigned no
development rights to Parcel E. Parcel C (now Parcel 51A) retained eight development
rights. The plat noted three of these rights must be situated within Old Parcel 50. There
have been no additional off -conveyances from this property since this transaction.
Therefore, Tax Map 93, Parcel 51A has eight (8) development rights; three (3)
associated with Old Parcel 50 and five (5) associated with Old Parcel 51.
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 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
Scharer Determination
January 30, 2001
Page 3
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