HomeMy WebLinkAboutLOD200200043 Letter of Determination 2002-05-02May 2, 2002
Mehring Family Limited Partnership
3917 Hungrytown Road
Covesville, VA 22931
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 97, Parcel 21 B, (Property of Mehring Family Limited Partnership) Section
10.3.1
D-2002-7 REQUEST FOR REDETERMINATION OF PARCELS DATED April 9, 2002
Dear Mehring Family Limited Partnership:
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,
the ruling of the Board of Zoning Appeals on February 12, 2002 is a thing decided. The
portion of Tax Map 97 Parcel 21 B located to the east of Route 698 contains three (3)
parcels. The approximate boundaries between these parcels are shown on the sketch
attached to this determination. The residue of Tract 1, known as the Eades Property,
contains two (2) theoretical development rights. Tract 2, described as two upper
mountain fields with woodland attached contains five (5) theoretical development rights.
Tract 3, known as the Wingfield Tract contains five (5) theoretical development rights.
An explanation of this determination follows.
On October 1, 2001 the Zoning Administrator issued a determination that on the date of
adoption of the zoning ordinance the portion of Tax Map 97, Parcel 21 B located on the
east side of Route 698 was one parcel based on the finding that the most recent deed
for the property prior to December 10, 1980, recorded in Deed Book 338, page 562,
dated February 15, 1958 served to combine the three parcels identified in Deed Book
335, page 590, dated November 11, 1957 into one parcel. The Mehring Family Limited
Partnership appealed that determination based in large part on the contention that
the1958 deed did not extinguish the separate identity of the three parcels referenced in
the 1957 deed. On December 4, 2001 the Board of Zoning Appeals held a hearing on
this matter, but deferred its decision. On February 12, 2002 the Board voted 4:1 to
overrule the Zoning Administrator's determination that Tax Map 97, Parcel 21 B is one
parcel. The Board agreed with the appellant that the parcel consists of three separate
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Mehring Family Limited Partnership
May 2, 2002
Page 2
parcels. The staff report contained a sketch that showed the approximate location of
these parcels based on sketches contained in records in the Real Estate Department.
On March 20, 2002 you submitted a letter and sketch that asserted the property
originally consisted of five separate parcels. On April 9, 2002 you submitted additional
information and a sketch asserting that the property originally consisted of six parcels.
A decision of the Board of Zoning Appeals must be appealed to the Circuit Court within
thirty days in accordance with Section 15.2-2314 of the State Code. In this instance, the
deadline for filing an appeal with the Circuit Court was March 14, 2002. If a
determination by a Board of Zoning Appeals is not appealed to the Circuit Court, the
Board's decision becomes a thing decided. See Tran v. Gwinn, 262 Va. 572, (2001).
I conclude with an effort to clarify the process used to determine parcels of record. It is
entirely possible that separate parcels once existed as you describe them in your letter
of April 9, 2002. This might explain the discrepancies in acreage and boundaries that
exist in the various documents that deal with this property. However, a determination of
parcels of record for the purpose of assigning development rights begins with the legal
description found in the most recent deed prior to December 10, 1980, and proceeds
backwards from there. At times, it may be necessary to go back in the chain of title to
clarify the meaning or intent of the most recent deed. The purpose is to determine the
parcels of record in existence on the date of the adoption of the ordinance. The fact that
a tract of land once existed as a separate parcel does not mean that is now a separate
parcel.
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.
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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