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Home My WebLink AboutLOD200100024 Letter of Determination 2001-10-05 (2)October 5, 2001 Gladys W. Clarke P.O. Box 7 Greenwood, VA 22943 CORRECTED LETTER RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 55, Parcel 7 and Tax Map 55, Parcel 11A (Property of Gladys W. Clark) Section 10.3.1 Dear Ms. Clarke: This letter corrects typographical errors in the letter of October 1, 2001. 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 55, Parcel 7 is comprised of three (3) separate parcels. The 45 acre tract described in Deed Book 163, page 134 contains five (5) theoretical development rights. The 4.7 acre tract described in Deed Book 167, page 231 contains two (2) theoretical development rights. The 5 acre tract described in Deed Book 244, page 175 contains two (2) theoretical development rights. Tax Map 55, Parcel 11A is comprised of two (2) separate parcels. The portion of the property located on the south side of Route 691 contains five (5) theoretical development rights. The portion of the property located on the north side of Route 691 contains one (1) theoretical development right. The basis for this determination follows. Our records indicate Tax Map 55, Parcel 7 contains 54.70 acres and one (1) dwelling. The most recent deed for this parcel is recorded in Deed Book 1070, page 25. 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 recorded in Deed Book 605, page 581. This deed, dated September 17, 1976, conveyed three tracts of land from Paul Woodford Wager Clarke, Lawrence Clyde Clarke, IV, Sarah Morris Clarke, Christopher Edwin Clarke, Janet Creasy Clarke, and Louise Harvey Clarke to Gladys Wager Clarke. The three tracts, containing a total of 54.7 acres, are described as follows: I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\55-7&11A Clark ACE.doc Gladys W. Clarke October 5, 2001 Page 2 First: 45 acres conveyed from R. D. Colemen to Clarence Starkweather on June 7, 1916 recorded in Deed Book 163, page 134. The plat recorded with this deed shows that this parcel extends from Route 691 to the center of the C & O Railroad. Second: 4.7 acres conveyed from Marshall Wheeler to Clarence Starkweather on March 18, 1918 recorded in Deed Book 167, page 231. Third: 5 acres conveyed from Henry Goodloe, Special Commissioner, to Clarence Starkweather on August 21, 1939 and recorded in Deed Book 244, page 175. The 4.7 acre parcel and the 5 acre parcel are located within the portion of Parcel 7 situated on the north side of the railroad track. The boundary between these two lots has not been established as part of this review. Deed Book 1070, page 25 is a corrected deed of gift. This deed, dated September 19, 1989, is between Louise C. Goodling, formerly Louise Harvey Clarke & Jace Atlee Goodling and Gladys Wager Clarke. Louise Harvey Clarke was under the age of 18 years when she conveyed her interest in the property described in Deed Book 605, page 581. This inadvertency is corrected by this deed. There have been no off - conveyances since this transaction. Based on this history, Tax Map 55, Parcel 7 is determined to be comprised of three (3) separate parcels; each with a full complement of development rights. Our records indicate Tax Map 55, Parcel 11A contains 65.550 acres and one (1) dwelling. The most recent deed for this parcel is recorded in Deed Book 1960, page 569. 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 recorded in Deed Book 365, page 417. This deed, dated January 13, 1961, conveyed 65.55 acres from Lois B. Marvin to Paul W. Wager and Maude Lassiter Wager. The property is shown on a plat by T. W. Saunders recorded with this deed. Deed Book 707, page 636, dated June 20, 1980 and recorded on December 31, 1980, conveyed 65.55 from Paul W. Wager and Maude Lassiter Wager to Gladys Wager Clarke. This is same property shown on the plat by T. W. Saunders recorded in Deed Book 365, page 422. IADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\55-7&11A Clark ACE.doc Gladys W. Clarke October 5, 2001 Page 3 Deed Book 796, page 416, dated April 25, 1984, is a deed of correction between Paul W. Wager and Gladys Wager Clarke. This deed corrects the deed recorded in Deed Book 707, page 636. It provides that in addition to the 65.55 acres conveyed in that deed, Paul W. Wager and Maude Lassiter Wager intended to convey a small triangular strip of land on the north side of Route 691. This property lies to the northeast of Lot 3 on a plat recorded in Deed Book 306, page 328. This portion of Parcel 11A, located adjacent to the southern most part of Parcel 7, is determined to be a separate parcel in accord with the Sanford case. However, it is estimated to contain less than two tenths of an acre. It is unlikely that the development right associated with this parcel could be utilized. Deed Book 1902, page 508, dated March 17, 2000 conveyed by gift 65.55 acres from Gladys Wager Clarke to Lawrence C. Clarke, III. This is described as the property shown on the plat by T.W. Saunders recorded in Deed Book 365, page 422. Also, this deed conveyed the small triangular lot described in Deed Book 796, page 416. Deed Book 1960, page 569, dated October 10, 2000 conveyed by gift 65.55 acres from Lawrence C. Clarke, III to Gladys Wager Clarke. This is described as the property shown on the plat by T.W. Saunders recorded in Deed Book 365, page 422. This is further identified as the same property that was conveyed to the grantor by a deed of gift by Gladys Wager Clarke recorded in Deed Book 1902, page 508. Our records show no off conveyances since this transaction. Based on this history, Tax Map 55, Parcel 11A is determined to be comprised of two separate parcels. The 65.55 acres on the southern side of Route 691 contains five (5) development rights. The small triangular lot identified in Deed Book 796, page 416 has one (1) development right. These 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 I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\55-7&11A Clark ACE.doc 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. Gladys W. Clarke October 5, 2001 Page 4 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 McChesney Goodall, ACE Program Coordinator Reading Files lADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\55-7&11A Clark ACE.doc