HomeMy WebLinkAboutLOD200200040 Letter of Determination 2002-11-18November 18, 2002
E. Darlene Crawford
3550 Echo Valley Road
Barboursville, VA 22923
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax
Map 35, Parcel 25 (Property of E. Darlene Crawford) Section 10.3.1
Dear Ms. Crawford:
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 35, Parcel 25 is a parcel of record with five (5) development rights. The basis
for this determination is summarized as follows.
Our records indicate Tax Map 35, Parcel 25 contains 31.654 acres and one dwelling.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Will Book 103 page 20.
The most recent instrument for Parcel 25 recorded prior to the date of adoption of the
Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 687, page
161. This deed, dated December 20, 1979 conveyed four tracts of land from Ann
Robins Haskell and John C. Haskell, Jr. to John C. Haskell, Jr. as Trustee of the Echo
Valley Land Trust. Parcel Three, the subject of this determination, is described in the
deed as follows:
PARCEL THREE: All that certain tract or parcel of land situated in the
Rivanna Magisterial District of Albemarle County, Virginia, fronting along State
Route 641 and containing 22.792 acres, more or less, being the same property in
all respects which was conveyed to the said Ann Robins Haskell by deed of
Miller S. Kielsgard and Phyllis J. Kielsgard, his wife, dated May 19, 1975, and
recorded in the said County Clerk's Office in Deed Book 573, page 401.
On the basis of this it is determined that Parcel 25 is a parcel of record as provided in
Section 10.3 of the zoning ordinance.
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E. Darlene Crawford
November 18, 2002
Page 2
Deed Book 785, page 195, dated November 25, 1983, conveyed 29.767 acres from
John C. Haskell, Jr. as Trustee off the Echo Valley Land Trust to David P. Grant and
Darlene Crawford. The property is described as being the greater portion of the property
conveyed to the Grantor in Deed Book 687, page 161 described as containing 22 acres.
However, an accurate plat by Kurt M. Gloeckner, dated November 15, 1983, shows the
above named property to contain 29.767 acres rather than the 22 acres previously
mentioned after the conveyance of 0.682 of an acre to adjacent Parcel 22. The plat also
establishes a scenic easement on the northwest corner of the property. The plat carried
a note that Parcel 25 retained all development rights. As a result of this transaction,
Parcel 25 contained 29.767 acres and five development rights.
Deed Book 984, page 684 contains a Certificate of Plat showing Parcels 24A, 28 and
26A. The plat by R.O. Snow, dated July 15, 1987 also shows a Parcel X, containing
1.887 acres located north of and running the full length of the 1,390.83 -foot northern line
of Parcel 25. Parcel X is identified as having been excluded on surveys and plats of
adjacent parcels.
Deed Book 1073 page 204 is a Deed of Correction dated May 4, 1988 between John C.
Haskell, Jr. as Trustee of the Echo Valley Land Trust and David P. Grant & Darlene
Crawford. The deed provides that, based on the plat by R. O. Snow described above,
the Grantor does hereby grant, convey and quitclaim all that triangular parcel of land,
along the entire northern boundary of the previously conveyed 29.767 acres shown as
Parcel X less and except that small triangular piece extending northwest of the western
boundary of Parcel X, and, this being a part of the property conveyed to the grantor
originally in Deed Book 687, page 161. As a result of this transaction, Parcel 25 now
contains 31.654 acres and five development rights. (29.767 + 1.887) There have been
no off conveyances since this transaction.
Based on this history, Tax Map 35, Parcel 25 is determined to be a single parcel of
record with 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, one parcel containing a minimum of twenty-one
acres may be created, if all other applicable regulations can be met. A chart showing
the development potential of these parcels is enclosed.
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
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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
E. Darlene Crawford
November 18, 2002
Page 3
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 $120.
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,
Ches Goodall, Acquisition of Conservation Easements Program Coordinator
DEVELOPMENT POTENTIAL OF Tax Map 35, Parcel 25
PARCEL
ACREAGE DEVELOPMENT
DIVISION
TOTAL
RIGHT LOTS
RIGHT LOTS
POTENTIAL
2 ACRE MIN.
21 ACRE MIN.
PARCELS
35/25
31.654 5
1
6
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