HomeMy WebLinkAboutLOD200100017 Letter of Determination 2001-04-11April 11, 2001
Douglas E. Little
4137 th Street N.E.
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map
41, Parcel 39A, 39B and 39D (Property of MLB Land Trust, Douglas E. Little, Trustee)
Section 10.3.1
Dear Mr. Little:
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 41, Parcel
39A consists of three separate parcels. Original Parcel 39A contains two (2) theoretical
development rights. Original Parcel 39B contains two (2) theoretical development rights.
Original Parcel 39D contains three (3) theoretical development rights. The basis for this
determination is provided below.
Our records indicate that Parcel 39A contains 14.020 acres and no dwellings. This parcel
includes 10.02 acres formerly identified as Parcels 39B and 39D. The tax map was revised to
show these three lots as one parcel in 1987.
The most recent deed for the original Parcel 39A prior to the date of adoption of the Albemarle
County Zoning Ordinance (December 10, 1980) is found in Deed Book 471, page 379. This
deed is dated April 21, 1970 and is between Richard D. Hawley & Hazel S. Hawley, Grantors
and A. Keene Byrd & Mary Louise Byrd, Grantees. It conveyed 4.0 acres shown on a plat dated
April 1970 that was made part of that deed. This parcel is identified as Parcel 39A on the 1980
tax map.
The most recent deed for the original Parcels 39B and 39D prior to the date of adoption of the
Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 487, page
417. This deed is dated May 17, 1971 and is between Richard D. Hawley & Hazel S. Hawley,
Grantors and A. Keene Byrd and Mary Louise Byrd, Grantees. It described the land that was
conveyed as:
"....all those certain tracts or parcels..... containing 10.02 acres in the aggregate and more
particularly described as Lot 2 and Lot 4B on a plat of William S. Roudabush, Jr., CLS dated
September 16, 1970 hereto attached and made part of this deed. "
The plat, recorded in DB 487, p. 419, shows Lot 2 containing 4.00 acres and Lot 4B containing
6.02 acres. Lot 2 (former 39B) carried this note: "This property to be added to the adjoining 4
MLB Land Trust
April 10, 2001
Page 2
acres (Parcel 39A) owned by Keene Byrd." Lot 4B (former 39D) carried this note: "This property
to be added to the adjoining 4 acres (Parcel 39A) owned by Keene Byrd." There are no hooks
on the plat indicating the three lots are being combined into one parcel.
Deed Book 536, page 426, dated September 5, 1973, between Ronald W. Critzer and Dorothy
J. Critzer, Grantors and Richard D. Hawley, Grantee conveyed 0.064 acres from Parcel 39C to
Parcel 39E. The plat showing this transaction included hooks combining former Parcels 39A,
39B and 39D. However, the owners of former Parcels 39A, 39B and 39D were not parties to this
transaction or the plat.
Based on the reference to Lot 2 and Lot 4B in D.B. 487, p. 419 and absent evidence that the
owners of Parcels 39A, 39B and 39D intended to combine these parcels into one and only one
parcel, it is determined that Parcel 39A consists of the three separate parcels shown on the
1980 tax map. There have been no off conveyances since the adoption of the ordinance.
Therefore, the former Parcel 39A shown on the plat recorded in D.B. 471, p. 379A containing
4.0 acres has two (2) development rights. The former Parcel 39B shown on the plat recorded in
D.B. 487, p.419, containing 4.0 acres has two (2) development rights. The former Parcel 39D
shown on the plat recorded in D.B. 487, p.419, containing 6.02 acres has three (3) development
rights. These parcels are entitled to the noted development rights if all other applicable
regulations can be met. These development rights are theoretical in nature.
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: Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
Two additional parcels by determination