HomeMy WebLinkAboutLOD200200042 Letter of Determination 2002-11-18November 18, 2002
Philip S. Marshall
1300 Skyland Drive
Fairbanks, Alaska 99712
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax
Map 36, Parcel 19 (Property of Philip S. Marshall) Section 10.3.1
Dear Mr. Marshall:
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 36, Parcel 19 is comprised of two separate parcels of record. Each of these
two parcels has five (5) development rights. The basis for this determination is
summarized as follows.
Our records indicate Tax Map 36, Parcel 19 contains 121.216 acres and no dwellings.
The property is not in an Agricultural Forestal District. There is a cell tower, known as
the Goodloe Mountain Tower, located on this property. The most recent deed for this
property is recorded in Deed Book 1088 page 293. The most recent plat for the property
is recorded in the same book on page 294.
The most recent instrument for Parcel 19 recorded prior to the date of adoption of the
Albemarle County Zoning Ordinance, (December 10, 1980) is recorded in Deed Book
414, page 582. This deed, dated January 19, 1966 conveyed two certain adjoining
tracts of land from Malcolm Graham Cameron & Willie J. Cameron to Barbara W.
Marshall. The tracts are described in the deed as follows:
First: A tract containing 93 acres, more or less, shown on a plat made by H. G.
Hiter, Deputy Surveyor of Louisa County dated April 16, 1919 and recorded in
the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 170,
page 161. This tract is identified as Tract #1 on the attached plat.
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Phillip Marshall
November 18, 2002
Page 2
Second: A tract containing 30 acres, more or less, shown on a plat made by H.
G. Hiter, Deputy Surveyor of Louisa County dated April 16, 1919 and recorded in
the aforesaid Clerk's Office in Deed Book 172, page 206. This tract is identified
as Tract #2 on the attached plat.
On the basis of the separate deed descriptions referenced in Deed Book 414, page 582,
it is determined that Parcel 19 is comprised of two separate parcels of record as
provided in Section 10.3 of the zoning ordinance. The location of these parcels is
indicated on the attached plat by Gloeckner & Osborne.
Deed Book 1088, page 293 contains a Certificate of Plat recorded on February 23,
1990. The plat is a boundary survey of Parcel 19, Goodloe's Field. The plat shows the
boundary between the 93 -acres tract and the 30 -acre tract and references Deed Book
172, page 206 and Deed Book 170, page 161. There have been no off conveyances
since this transaction.
Based on this history, each of these two tracts 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. In addition to the
development right lots, as many parcels containing a minimum of twenty-one acres may
be created from the 93 -acre parcel as it will allow, 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
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 $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,
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Ella Washington -Carey, Clerk to the Board of Supervisors
Ches Goodall, Acquisition of Conservation Easements Program Coordinator
Phillip Marshall
November 18, 2002
Page 3
DEVELOPMENT POTENTIAL OF PARCEL 19 ON TAX MAP 36
PARCEL
ACREAGE
DEVELOPMENT
RIGHT LOTS
2 ACRE MIN.
DIVISION
RIGHT LOTS
21 ACRE MIN.
TOTAL
POTENTIAL
PARCELS
Tract #1
93 +/- acres
5
3
8
Tract #2
30 +/- acres
5
0
5
TOTAL
10
3
13
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