HomeMy WebLinkAboutLOD200300027 Letter of Determination 2003-08-18August 18, 2003
James N. Deinlein
Barrick & Deinlein, P.L.C.
P.O. Box 1287
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 29, Parcel 76 (Property of Howard L. Hamilton and Crestar Bank, Trustees of
the Residuary Trust under the will of Alison Phillips Hamilton) Section 10.3.1
Dear Mr. Deinlein:
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 29, Parcel 76 contains theoretical development rights. The
basis for this determination is summarized as follows:
Our records indicate Tax Map 29, Parcel 76 contains 217.33 acres and one dwelling.
The property is in the Moormans River Agricultural Forestal District. The most recent
deed for this property is recorded in Deed Book 1145, page 298.
This analysis begins with Deed Book 286, page 559. This deed, dated December 10,
1949 conveyed 219 acres from George F. Douglas, Executor LIM of George W.
Douglas, Amy D. Dickerson & Edwin J. Dickerson, Mary D. Thompson, Mabel D.
Maupin and George F. Douglas & Marian F. Douglas to Alison Phillips Hamilton. The
property is described as
GET: 141/280
257/456
231/154
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
685, page 805. This deed, dated September 19, 1979 conveyed 2.14 acres from
Howard L. Hamilton and Albemarle Bank and Trust Co., Trustees under the will of
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Alison Phillips Hamilton to the Commonwealth of Virginia. A portion of this conveyance
contained 0.47 acres that was included in the existing right of way of Route 601. An
additional 1.67 acres was conveyed to the Commonwealth. As a result of this
transaction, the residue of Parcel 76 contained 217.33 acres. On the basis of this deed
and plat, Parcel 76 on Tax Map 29 is determined to be a lot of record as provided in
Section 10.3 of the zoning ordinance.
Deed Book 1145, page 298, dated March 18, 1991, conveyed the 219 acres shown on
the plat by C. H. Shipleigh attached to the deed recorded in Ded Bok 286, page 559,
less and except the 2.14 acres conveyed to th Commonwealth by the deed recordd in
Deed Book 685, page 805. This transaction did not effect development rights. There
have been no off conveyances since this transaction. Therefore, ...........
SO, ITS EITHER 1 OR 4. LOOK AT THE OTHER DEEDS.
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 $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
Reading Files
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