HomeMy WebLinkAboutLOD200200026 Letter of Determination 2002-08-12August 12, 2002
Tommy Brannock
Century 21 -Albemarle Properties
813 East Jefferson Street
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 30, Parcel 18 (Property of Roger H.P. Davis and Jeanne S. Davis) Section
10.3.1
Dear Mr. Brannock:
The County Attorney and I have reviewed the title information for the above -noted
property. It is the County Attorney's advisory opinion and my official determination that
Tax Map 30, Parcel 18 contains five (5) theoretical development rights. The basis for
this determination is summarized as follows:
Our records indicate Tax Map 30, Parcel 18 contains 21.002 acres and one (1) dwelling.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 2120, page 247.
The most recent deed for this property, recorded prior to the date of adoption of the
Albemarle County Zoning Ordinance, (December 10, 1980) is recorded in Deed Book
704, page 744. This deed, dated October 12, 1980 conveyed 6.125 acres from Roger
H.P. Davis, Jr. and Barbara E. Davis to Mitchell T. Hubbard and Wendy F. Weinberg.
The parcel is described as Parcel C-1 -A on a plat by Thomas Lincoln dated October 16,
1980. As a result of this transaction, the residue of Parcel 18 contained 20.374 +/-
acres. On the basis of this deed and plat, Parcel 18 on Tax Map 30 is determined to be
a lot of record as provided in Section 10.3 of the zoning ordinance.
Deed Book 1407, page 388, is a deed of gift dated May 25, 1994. This deed conveyed
20.374 acres from Roger H.P. Davis, Jr. to Roger H.P. Davis, Jr. and Jeanne S. Davis
as tenants by the entirety. The parcel is described as the residue shown on the plat by
Thomas Lincoln recorded in Deed Book 704, page 749. This transaction did not effect
development rights.
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Davis Determination
August 12, 2002
Page 2
Deed Book 1513, page 220, is a deed of correction dated December 1, 1995. This deed
conveyed 0.628 acres from Panarama Farms, Inc. to Roger H.P. Davis, Jr. and Jeanne
S. Davis. This boundary adjustment is shown on a plat by Thomas Blue dated October
31, 1995. As a result of this transaction the property now contains 21.002 acres. This
deed was previously recorded in Deed Book 1509, page 200. It was re-recorded to
attach the plat. This transaction did not effect development rights.
Deed Book 2120, page 247, dated November 27, 2001, conveyed 21.002 acres from
Roger H.P. Davis, Jr. and Jeanne S. Davis to Roger H.P. Davis, Jr., Trustee of the
Roger H.P. Davis, Jr. Revocable Declaration of Trust u/a dated November 29, 2001 and
Jeanne S. Davis, Trustee of the Jeanne S. Davis Revocable Declaration of Trust u/a
dated November 29, 2001. The property is described, in part, as being the same
property conveyed to the grantors by deeds recorded in Deed Book 1407, page 388,
Deed Book 1509, page 200 and Deed Book 1513, page 220. This transaction did not
effect development rights. There have been no off conveyances since this transaction.
Based on this history, this property is determined to contain five (5) 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.
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: Roger H.P. and Jeanne S. Davis
Gay Carver, Real Estate Department
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Reading Files
Roger H.P., Jr. and Jeanne S. Davis
3354 Reas Ford Road
Earlysville, VA 22936
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