HomeMy WebLinkAboutLOD200300029 Letter of Determination 2002-08-23August 23, 2002
Dr. Richard F. Edlich and Carol Taylor-Edlich
4429 Watts Passage
Charlottesville, VA 22911
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 33, Parcel 38A
(Property of Richard F. Edlich and Carol Taylor-Edlich) Section 10.3.1
Dear Dr. and Ms. Edlich:
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 33, Parcel
38A contains four (4) development rights. The basis for this determination is summarized as
follows:
Our records indicate Tax Map 33, Parcel 38A contains 16.550 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 1562, page 751.
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 596, page 125. This
deed, dated May 18, 1976, conveyed 18.55 acres from Harry P. Austin & Virginia L. Austin to
Richard F. Edlich & Carol C. Edlich. The property is more particularly described as follows: (1)
Tract of 18 acres, more or less, shown on a plat by William S. Roudabush, dated May 13, 1976,
captioned "Plat showing a survey of 18.00 Ac. & Entrance Containing 0.55 Ac. a Portion of
185.7 Ac. Tract Shown as Parcel 38 Tax Map 33 Near Gilbert Albemarle County, Virginia" which
plat is hereto attached as a part of this deed. (2) An adjoining tract containing .55 acre
designated as "Existing Parcel 'X' Entrance Road as shown on the attached plat."
This subdivision plat created these two tracts in 1976. The zoning ordinance in effect at that
time, adopted on December 22, 1969, required a minimum lot area of two acres for single family
dwellings; therefore, this "Existing Parcel 'X' Entrance Road could not have been created as a
lawful building lot. Rather, this parcel was created as a special lot, for the express sole purpose
of access. This lot is in a class with well lots, cemetery lots and other special use lots created for
a specific limited purpose. It is determined that this 0.55 acre parcel is not a lot of record as
provided in Sections 10.3 and 10.3.1 of the Zoning Ordinance. As used in those sections, it is
reasonably implied that a lot of record must be one that was established as a building lot. Thus,
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it is determined that the 0.55 acre tract, established for access purposes only, does not have a
development right. On the basis of this deed the 18 acre tract is a lot of record as provided
Edlich Development Right Determination
August 23, 2002
Page 2
in Section 10.3 of the zoning ordinance. The property, containing a total of 18.55 acres is
designated as Parcel 38A on Tax Map 33.
Deed Book 1306, page 556, is a deed of gift dated March 4, 1992 between Richard F. Edlich &
Carol Taylor Edlich, also known as Carol C. Edlich, the Grantors and Richard F, Edlich, as
Trustee of the Richard F. Edlich Declaration of Trust dated November 20,1992 and Carol Taylor
Edlich, as Trustee of the Carol Taylor Edlich Declaration of Trust, under Declaration of Trust
dated November 20, 1992, the Grantees. The Grantors conveyed a one-half undivided interest
as tenant in common to each of the Grantees in the same property as was conveyed to the
Grantors by the deed recorded in Deed Book 596, page 123. This transaction had no effect on
the development rights associated with Parcel 38A.
Deed Book 1562, page 746, dated September 5, 1996, is a Credit Line Deed of Trust that
conveyed two acres in trust from Richard F. Edlich, as Trustee of the Richard F. Edlich
Declaration of Trust dated November 20,1992 and Carol Taylor Edlich, as Trustee of the Carol
Taylor Edlich Declaration of Trust, dated November 20, 1992 to Fred S. Landes and M. Clifton
McClure, Trustees. The property is described, in part, in Schedule A as Lot A on a plat of B.
Aubrey Huffman, dated July 25, 1996. The property is further identified as a portion of the same
property conveyed to the Grantors by deed dated March 4, 1992 and recorded in Deed Book
1306, page 556. The plat carried a note stating, "The remaining portion of Parcel 38A may not
be divided into more than 4 parcels of less than 21 acres." The two -acre parcel is now
designated as Parcel 38A5 on Tax Map 33. There have been no off -conveyances since this
transaction.
Based on this history, this property is determined to contain four (4) 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 Ietter.lf you have any questions, please contact me.
Sincerely,
John Shepherd
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Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department, Reading Files
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