HomeMy WebLinkAboutLOD200300037 Letter of Determination 2003-01-06January 6, 2003
Gate Pratt, Limehouse Architects L.C.
946 Grady Avenue #27
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax
Map 79, Parcel 12A (Property of Ray A. Graham III) Section 10.3.1
Dear Mr. Pratt:
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 79, Parcel 12A is a single parcel of record, with five (5) development rights.
The basis for this determination is summarized as follows.
Our records indicate Tax Map 79, Parcel 12A contains 591.88 acres and one dwelling.
The property not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1044, page 210.
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 375, page
200. This deed, dated January 5, 1962, conveyed 591.88 acres from William H. Gregory
and Eleanor D. Gregory to Ray A. Graham, 111. The deed describes the property as, "all
that certain tract or parcel of land situated in the Rivanna Magisterial District of
Albemarle County, Virginia, on the northwesterly side of State Route 22, containing
591.88 acres, more or less, bounded according to plat made by William S. Roudabush,
Jr., and Associates, hereto attached and recorded with this deed, being the remainder
of the land conveyed by Deed Book 349, page 287, after the following conveyances off;
D.B. 352, p. 156, 16.85 acres; D.B. 352, p. 444, 6.72 acres; and DB.361, p. 62, 7.65
acres." The plat, dated November, 1961, is titled, "Composite Map of 591.88 +/- Acres."
The plat depicts Parcel 12A as a single lot, showing the perimeter metes and bounds of
the property, but not showing any former internal parcel boundaries. The plat contains a
note stating that the map was prepared from plats of record including the three above
referenced deeds as well as the plat recorded in Deed Book 340, page 599.
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Gate Pratt
January 6, 2003
Page 2
On the basis of this deed and plat, it is determined that Parcel 12A is a single lot of
record as provided in Section 10.3.1. This deed and the attached composite plat
described and conveyed the property as a single parcel of land. The property has been
held and treated as such since this conveyance.
Deed Book 780, page 175, dated September 7, 1983 conveyed 328 square feet from
Ray A. Graham, III to Archibald Craige. The property is shown on a plat by Morris
Foster dated June 12, 1974. This reduction in area of Parcel 12A has not been reflected
in the County real estate records.
The most recent instrument recorded for this property is in Deed Book 1044, page 210.
This is a Certificate of Plat made by Ray A. Graham, III dated April 6, 1989. The
attached plat by William Roudabush is dated September, 1981. The plat is a revision of
the November, 1961 plat recorded in Deed Book 340, pages 599 & 600 and is identified
as a composite map of 591.88+/- acres. The certificate notes that the plat describes all
of the same tract or parcel of land purchased by the landowner from William H. Gregory
and Eleanor D. Gregory by Deed dated January 5, 1962 and recorded in Deed Book
375, page 200. There have been no off conveyances since this date.
Based on this history, Tax Map 79, Parcel 12A is determined to be a parcel of record
with 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 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,
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John Shepherd
Manager of Zoning Administration
Gate Pratt
January 6, 2003
Page 3
Copies: Ray A. Graham, III
P.O. Box 5
Keswick, VA 22947
Gay Carver, Real Estate Supervisor
Ella Washington -Cary, Clerk to the Board of Supervisors
Reading File
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