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HomeMy WebLinkAboutLOD200300032 Letter of Determination 2003-04-15April 15, 2003 David W. and Maureen T. Booth 1142 Greenwood Road Crozet, VA 22932 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 54, Parcels 29 and 29A (Property of David W. and Maureen T. Booth) Section 10.3.1 Dear David W. and Maureen T. Booth: 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 54, Parcel 29 is a parcel of record with four theoretical development rights. Tax Map 54, Parcel 29A is a nonconforming parcel of record with one theoretical development right. The basis of this determination is summarized as follows. Our records indicate Tax Map 54, Parcel 29 contains 30.551 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 1928, page 229. Our records indicate Tax Map 54, Parcel 29A contains 1.141 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1928, page 229. The most recent deed for this property recorded prior to the date of the ordinance is found in Deed Book 340, page 101, dated April 10, 1958. This deed conveyed 37.57 acres from S. Edward Brillhart & Margaret Brillhart to Ralph L. Paddock & Caroline Allen Paddock. The property is described as four certain tracts or parcels of land all as shown and described on the plat of C. H. Shipleigh, C. E., dated July, 1953 and recorded in Deed Book 306, page 328. The plat shows the tracts as follows: Tract 1 contains 30.7 acres. This tract was identified as Parcel 29 on the tax \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-005 54-29 Booth.doc map. David W. and Maureen T. Booth April 15, 2003 Page 2 Tract 2 contains 4.75 acres and is located between the southern boundary of Parcel 29 and a branch. This parcel was identified as Parcel 32 on the tax map. Tract 3 contains 2.07 acres and is now identified on Tax Map 54 as Parcel 29A. Tract 4 is a 0.05 -acre right of way across Tract 3 to serve Tract 1. On the basis of this deed, Tract 1, containing 30.7 acres, Tract 2, containing 4.75 acres and Tract 3, containing 2.07 acres are each determined to be separate parcels of record as provided in Section 10.3. On December 10, 1980 these parcels were identified on Tax Map 54 as Parcels 29, 32 and 29A. It is determined that Tract 4 is not a parcel of record. It was shown on the plat for access purposes only. Deed Book 915, page 309, dated December 30, 1986, conveyed two certain lots or parcels of land from Caroline A. Paddock to Francis S. Crawford. The lots are designated as "Parcel X," containing 1.92158 acres and "Parcel Y," containing 3.07842 acres, shown and described on a plat by Aubrey Huffman and Associates, dated December 12, 1986. The plat combined these two tracts with Parcel 33. Parcel Y is a portion of Tract 1 described above. One development right from Parcel 29 was conveyed to Parcel 33 with Parcel Y. Parcel X is a portion of Tract 2 described above. Since this tract contained less than 2 acres, no development right was conveyed to Parcel 33 with Parcel X. The residue of Tract 2, containing 2.3 acres is added to Parcel 29. The plat carries a note stating, "No development rights remaining. As a result of this transaction, Parcel 29 contains 30.4 acres and four (4) development rights. This plat served to extinguish the development rights associated with the former Parcel 32. Deed Book 1521, page 65, dated February 15, 1996, conveyed property from Caroline Allen Paddock to Harry Allen, III, Trustee under the Caroline Allen Paddock Qualified Personal Residence Trust. The property is identified as all those four certain tracts, containing in the aggregate 37.57 acres as shown on the plat recorded in Deed Book 306, page 329, LESS AND EXCEPT Parcel Y containing 3.07842 acres and Parcel X containing 1.92158 acres as shown on a plat recorded in Deed book 915, page 329. \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-005 54-29 Booth.doc This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. David W. and Maureen T. Booth April 15, 2003 Page 3 Deed Book 1928, page 229, dated May 31, 2000, conveyed two tracts of land from Harry Allen, III, Trustee under the Caroline Allen Paddock Trust to David W. Booth and Maureen T. Booth. The property is shown and described on a plat of survey of B. Aubrey Huffman & Associates, Ltd., dated June 8, 2000, entitled "Parcels 29 and 29A as shown on Tax Map 54. The property is further described as being the same property that was conveyed by the deed recorded in Deed Book 1521, page 65. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Based on this history, Tax Map 54, Parcel 29 is determined to be a parcel of record with four (4) theoretical development rights. Tax Map 54, Parcel 29A is determined to be a nonconforming parcel of record with one (1) theoretical development right. This parcel is nonconforming because it contains less than two acres. These parcels can utilize these theoretical development rights only 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 that 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 File \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-005 54-29 Booth.doc