HomeMy WebLinkAboutLOD200200032 Letter of Determination 2002-07-19July 19, 2002
Gaither Pratt, Limehouse Architects
946 Grady Avenue #27
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 79, Parcels 5, 5A and 5B (Property of Ray A. Graham, III) Section 10.3.1
Dear Mr. Pratt:
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 79, Parcel 5 is comprised of two (2) separate parcels, each of which contains
five (5) development rights. Tax Map 79, Parcel 5A contains five (5) development rights.
Tax Map 79, Parcel 5B contains five (5) development rights
The basis for this determination is summarized as follows:
Our records indicate Tax Map 79, Parcel 5 contains 81.89 acres and no dwelling. The
property is not in an Agricultural Forestal District. The most recent deed for this property
is recorded in Deed Book 431, page 562.
Tax Map 79, Parcel 5A contains 485.90 acres and four dwellings. The property is not in
an Agricultural Forestal District. The most recent deed for this property is recorded in
Deed Book 431, page 599.
Tax Map 79, Parcel 5B contains 66.21 acres and one dwelling. The property is not in an
Agricultural Forestal District. The most recent deed for this property is recorded in Deed
Book 599, page 331.
Deed Book 326, page 173, dated August 1, 1956 conveyed 503.73 acres from Charles
B. Baker and Carrie S. Baker to Robert F. Pyle. The property is described as Parcel A
on a plat of O. R. Randolph, Engineer, dated July 26, 1956. This is a plat of Parcels A,
B, C and D, a division of Underhill. Parcel A contains 503.73 acres. This is TM/P 79/5A.
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Parcel B contains 66.21 acres. This is TM/P 79/5B. Parcel C contains 69.75 acres. The
plat references D.B. 253-379. This is the southern portion of TM/P 79/5. Parcel D
Edgehill
July 22, 2002
Page 2
contains 26.52 acres. The plat references D.B. 253-379. This is the northern portion of
TM/P 79/5. Together these two parcels contain 96.27 acres.
Deed Book 431, page 562, dated July 7, 1967, conveyed 96.27 acres from Baker Realty
Corporation to Ray A. Graham, III. The property is described as two adjoining tracts or
parcels of land.... Containing in the aggregate 96.27 acres, being described as Parcel D
containing 26.52 acres and Parcel C, containing 69.75 acres on a plat by O. R.
Randolph dated July 26, 1956. On the basis of this deed, Parcel 5 is determined to
be comprised of two separate parcels; the northern portion containing 26.52
acres and the southern portion containing 69.75 acres. Further, on the basis of
this deed, the 26.52 acre portion of Parcel 5 is determined to be a lot of record as
defined in Section 10.3.
Deed Book 431, page 599, dated July 12, 1967, conveyed 41.20 acres for the right-of-
way for Interstate Route 64 from Ray A. Graham to the Commonwealth of Virginia. The
property is described as being a part of the land acquired by the Grantor by deeds
recorded in Deed Book 349, page 574 and Deed Book 329, page 12. On the basis of
this deed, the residue of the 69.75 acre portion of Parcel 5 and the residue of
Parcel 5A are determined to be lots of record as defined in Section 10.3.
Deed book 599, page 331, dated June 9, 1976, conveyed 66.21 acres from Lena C.
Ashman to Ray A. Graham, III. The property is described as "Parcel B" of plat of O. R.
Randolph recorded in Deed Book 326, page 179. On the basis of this deed, Parcel
5113 is a lot of record as defined in Section 10.3.
There have been no off -conveyances since the recordation of this deed. Based on this
history, each of these four lots of record are 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. 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
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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.
Edgehill
July 19, 2002
Page 3
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: Ray A. Graham, III
PO Box 5
Keswick, VA 22947
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
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