HomeMy WebLinkAboutLOD200100023 Letter of Determination 2001-10-01 (2)October 1, 2001
Robert M. and Patricia A. Byrom
6584 Blackwells Hollow Road
Crozet, VA 22932
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 6, Parcel 16 and Tax Map 6, Parcel 29 (Property of Robert M. and Patricia A.
Byrom known as Cottonwood Farm) Section 10.3.1
Dear Mr. and Mrs. Byrom:
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 6, Parcel 16 contains five (5) theoretical development rights. Tax Map 6,
Parcel 29 consists of two (2) separate parcels; the residue of former parcel 28 and the
residue of the former parcel 29 as shown on the 1980 tax map. The residue of former
Parcel 28, containing 198.53 acres contains no (0) development rights. The residue of
former Parcel 29, containing 285.71 acres contains no (0) development rights. The
basis for this determination is provided below.
Our records indicate Tax Map 6, Parcel 16 contains 115.350 acres and no (0)
dwellings. The most recent deed for this parcel is recorded in Deed Book 1114, page
507. The parcel is not in an Agricultural and Forestal District.
The most recent deed for these three parcels prior to the date of adoption of the
Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book
690, page 844. This deed of correction, dated March 20, 1980, conveyed 817 acres
from Robert M. Byrom and Patricia A. Byrom, tenants in common, to Robert M. Byrom
and Patricia A. Byrom jointly as tenants by the entirety with full rights of survivorship.
This property is identified as the same three tracts conveyed by George and Ruth Huff
to Robert and Patricia Byrom on September 17, 1964 by a deed recorded in Deed Book
402, page 22.
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Deed Book 402, page 22, dated September 17, 1964, conveyed 817 acres from George
and Ruth Huff to Robert and Patricia Byrom. That property was described as being the
Cottonwood Farm Determination
October 1, 2001
Page 2
same land in all respects that was conveyed to George Huff by three deeds. One of
those was the deed of Jack Kegley and D. B. Marshall dated July 17, 1964 conveying
117 acres recorded in Deed Book 399, page 555. This parcel was identified on the 1980
tax map as Parcel 16.
Deed Book 1114, page 507, dated July 11, 1990, is a deed of exchange between
Henley Forest, Inc. and Robert M. Byrom and Patricia A. Byrom. The plat recorded with
the deed by Roudabush, Gale and Assoc., dated May 24, 1990 and approved on June
9, 1990 has a note stating that the rights of division are not affected by this plat. The
residue acreage is shown to be 115.35 acres. The deed makes no reference to the
chain of title. However, the plat references Deed Book 402, page 22. There have been
no off -conveyances since the above transaction.
The tax map shows a road traversing Parcel 16. However, this road is not in the
secondary road system. It does not sever the property so as to create an additional
parcel under the Sanford case.
Based on this history, Tax Map 6, Parcel 16 is determined to have five (5) development
rights. This parcel is entitled to these 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.
Our records indicate Tax Map 6, Parcel 29 contains 484.240 acres and one (1)
dwelling. The most recent deed for this parcel is recorded in Deed Book 1306, page
729. The parcel is not in an Agricultural and Forestal District.
The most recent deed for this property prior to the date of adoption of the Albemarle
County Zoning Ordinance (December 10, 1980) is also recorded in Deed Book 690,
page 844 which is described above. That deed referenced three tracts of land described
in Deed Book 402, page 22, also described above.
Deed Book 402, page 22, dated September 17, 1964 conveyed 817 acres from George
and Ruth Huff to Robert and Patricia Byrom. That property was described as being the
same land in all respects that was conveyed to George Huff by three deeds. Two of
those deeds conveyed separate tracts identified on the 1980 tax map as Parcel 28 and
Parcel 29. These are described as follows:
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Deed of Lucy Walton and others dated December 27, 1957 conveying 345 acres
recorded in Deed Book 337, page 305. This parcel appeared on the 1980 tax
map as parcel 28 or 29.
Cottonwood Farm Determination
October 1, 2001
Page 3
Deed of Ruby Knight and Husband dated December 27, 1957 conveying 355
acres recorded in Deed Book 337, page 193. This parcel appeared on the 1980
tax map as parcel 28 or 29.
Deed Book 838, page 9, dated May 15, 1985 conveyed 38.68 acres from to Robert M.
Byrom and Patricia A. Byrom to Christopher Lee Byrom. This property is designated as
the Residence Tract on a plat by Morris Foster dated December 15, 1985. As a result of
this conveyance, notes on the plat stated that the residue of Parcel 28 contained 307.22
acres and the residue of Parcel 29 contained 334.17 acres. The plat was silent with
respect to development rights assigned to the Residence Tract.
Deed Book 1306, page 729, dated February 14, 1993 is a certificate of plat. The plat by
Morris foster, revised on February 15, 1993 shows Tracts A, B, C, and D, a division of
Parcels 28 and 29, the property of Robert M. Byrom and Patricia A. Byrom.
Tract A, containing 42.87 acres was divided from Parcel 29. It was assigned 2
development rights.
Tract B, containing 44.27 acres was divided from Parcel 29. It was assigned 3
development rights.
Tract C, containing 43.40 acres was divided from Parcel 28. It was assigned 3
development rights.
Tract D, containing 65.29 acres was divided from Parcel 28. It was assigned 2
development rights.
The assignment of these ten development rights exhausted the development rights
associated with the original parcel 28 and the original parcel 29. These two parcels may
create as many lots containing a minimum of twenty one acres as they have 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
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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.
Cottonwood Farm Determination
October 1, 2001
Page 4
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
McChesney Goodall, ACE Program Coordinator
Reading Files
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\Byrom 6-16 &
29 ACE.doc