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HomeMy WebLinkAboutLOD200300031 Letter of Determination 2003-02-10February 19, 2003 A. C. Shackelford, Jr. 3977 Stony Point Road Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 48, Parcel 19 (Property of A. C. Shackelford, Jr., Mary L. Shackelford, ETAL) Section 10.3.1 THIS DETERMINATION REPLACES THE DETERMINATION OF PARCELS FOR THIS PROPERTY DATED JANUARY 5, 1993. Dear Mr. Shackelford: 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 48, Parcel 19 is comprised of three (3) separate parcels as described in Deed Book 189, page 285. Each of these separate parcels contains five (5) development rights. The approximate locations of the parcels are shown on the attached sketch. The portion of the property located to the west of Route 600 is zoned VR, Village Residential. The property located to the east of Route 600 is zoned RA, Rural Areas. The development rights identified in this determination are associated with the portion of the property that is zoned RA. There are no development rights associated with land that is zoned VR. Our records indicate Tax Map 48, Parcel 19 contains 367.364 acres and three dwellings. The property is not in an Agricultural Forestal District The most recent deed for this property is recorded in Deed Book 1300, page 15. This determination begins with Deed Book 189, page 285, dated March 10, 1925. That deed conveyed portions of the real estate known as Dovetail Farm in accord with the terms of the will of Dr. W. C. Shackelford to J. W. Shackelford, A. C. Shackelford and Mary A. Shackelford. The property is described as containing three parcels, one containing 273 acres, another 85 acres and another 22.16 acres. \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-002 48-19 Shackleford REVISED.doc A. C. Shackelford, Jr. February 19, 2003 Page 2 The most recent instrument for this parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 601, page 354. This Deed of Gift, dated July 15, 1976 conveyed a one-sixth interest in and to that certain tract of land known as Dovetail, from Leslie M. Shackelford to A. C. Shackelford. The property is further described as containing 381 acres and being in all respects the same property conveyed by Deed Book 189, page 285. On the basis of this deed, it is determined that Tax Map 48, Parcel 19 consists of the three separate parcels identified in the 1925 deed. The reference to "that certain tract" is not sufficient to combine the parcels. The property has not been platted as a single parcel. The provisions of the will of Dr. W. C. Shackelford are not sufficient to combine these parcels. The January 5, 1993 letter found that Route 600 divided the property into two separate parcels based on Sanford v. Board of Zoning Appeals of Albemarle County. This determination supercedes the January 5, 1993 determination. It is determined that the parcel bisected by Route 600 is a single parcel, based on Chesterfield County v. Stigall. Deed Book 1030, page 206, dated November 7, 1988, conveyed 2.693 acres from Alfred C. Shackelford, Jr. & Mary L. Shackelford, Mary S. Tise & Frank P. Tise, Alfred C. Shackelford, III & Anne R. Shackelford and Lillian M. Shackelford to the Commonwealth of Virginia. The land was for improvements for Route 20. Deed Book 1032, page 436, dated December 16, 1988, conveyed 0.380 acres from Alfred C. Shackelford, Jr. & Mary L. Shackelford, Mary S. Tise & Frank P. Tise, Alfred C. Shackelford, III & Anne R. Shackelford and Lillian M. Shackelford to the Commonwealth of Virginia. The land was for improvements for Route 20. Deed Book 1237, page 402, dated June 8, 1992, conveyed 5.88 acres from Alfred C. Shackelford, Jr. & Mary L. Shackelford, Mary S. Tise & Frank P. Tise, and Lillian M. Shackelford to Alfred C. Shackelford, III & Anne R. Shackelford. This parcel is shown on a plat by Roger W. Ray and Assoc., Inc. dated April 29, 1992. No development rights were conveyed with the 5.88 acre parcel because this portion of the property is zoned Village Residential. The most recent instrument recorded for this property is in Deed Book 1300, page 15. This Deed of Gift, dated April 9, 1993, conveyed a two-thirds, undivided interest in that certain tract known as Dovetail Farm, from A.C. Shackelford, Jr. to A.C. Shackelford, Jr. and Mary L. Shackelford as tenants in common. The property is described as the \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-002 48-19 Shackleford REVISED.doc residue of a tract of approximately 381 acres containing 367.36 acres +/- after the following off conveyances: (1) 1.917 acres of record in Deed book 1030, page 206; A. C. Shackelford, Jr. February 19, 2003 Page 3 (2) 0.265 acres of record in Deed Book 1032, page 436; (3) 5.88 acres of record in Deed Book 1237, page 402. There have been no off conveyances since this transaction. Based on this history, Tax Map 48, Parcel 19 is determined to be comprised of three (3) parcels. Each of these parcels contains 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 as the property can support, if all other applicable regulations can be met. 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, Ella Cary, Clerk for Board of Supervisors Reading File \\cob_fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-002 48-19 Shackleford REVISED.doc