HomeMy WebLinkAboutLOD200100026 Letter of Determination 2001-10-01October 1, 2001
Massie E. and Joyce B. Hughes
2703 Craig's Store Road
Afton, VA 22920
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 84, Parcel 57 and Tax Map 84, Parcel 58 (Property of Massie E. and Joyce B.
Hughes) Section 10.3.1
Dear Mr. and Mrs. Hughes:
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 84, Parcel 57 contains five (5) theoretical development rights. Tax Map
84, Parcel 58 contains five (5) theoretical development rights. The basis for this
determination is provided below.
Our records indicate Tax Map 84, Parcel 57 contains 29.200 acres and one (1)
dwelling. The most recent deed for this parcel is recorded in Deed Book 478, page 166.
The parcel is not in an Agricultural and Forestal District.
Deed Book 478, page 166 is the most recent deed for this property recorded prior to the
date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980). This
deed, dated October 12, 1970, conveyed 29.2 acres from Julius H. Craig & Teora O.
Craig to Massie E. Hughes and Joyce B. Hughes. There have been no off -conveyances
since this transaction. Therefore, Tax Map 84, Parcel 57 is determined to have five (5)
development rights.
Our records indicate Tax Map 84, Parcel 58 contains 89.62 acres and no dwellings.
The most recent deed for this parcel is recorded in Deed Book 438, page 305. The
parcel is not in an Agricultural and Forestal District.
Deed Book 438, page 305 is the most recent deed for this property recorded prior to the
date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980). This
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deed, dated December 28, 1967, conveyed 89.62 acres from Betty J. Johnson to
Massie E. Hughes and Joyce B. Hughes.
Massie E. and Joyce B. Hughes
October 1, 2001
Page 2
There have been no off -conveyances since the above transaction. The tax map shows
a road traversing Parcel 58. 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.
Therefore, Tax Map 84, Parcel 58 is determined to be one (1) parcel with five (5)
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 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: Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
McChesney Goodall, ACE Program Coordinator
Reading Files
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