HomeMy WebLinkAboutLOD200400051 Letter of Determination 2004-01-29January 29, 2004
Jeff Dise, L.S.
Kirk Hughes and Associates
220 East High Street
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 103, Parcel 9 (Property of House and Garden Company, LLC) Section 10.3.1
Dear Mr. Dise:
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 103, Parcel 9 is two separate parcels. Each of these parcels has three (3)
development rights. The basis for this determination is summarized as follows:
Our records indicate Tax Map 103, Parcel 9 contains 12.722 acres and no dwellings.
The property is in the Lanark Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1885, page 443.
This analysis begins with a plat made by William S. Roudabush that is dated April 8,
1976 and recorded in Deed Book 605, page 64. The plat shows the division of T.M.
103-9 into Lot 2A, containing 6.579 acres and Lot 2B containing 6.028 acres. The plat
also states that a small area containing 0.1159 acres, identified as Parcel a -b -c -d was
added to Lots 2A and 2B. It is determined that this plat established Lots 2A and 2113
as separate legal parcels. Parcel a -b -c -d is not a separate legal parcel. Rather, it
only identifies property owned by Robert Jones that was added to Lots 2A and 2113
for the purpose of access to Route 795.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980 is recorded in Deed Book 683, page 206, dated September 12,
1979. This deed conveyed five parcels of land from Murl J. Honeycutt and Maxine Flint
Honeycutt, a/k/a Maxine R. Honeycutt to Maxine R. Honeycutt. The tracts that are the
subject of this determination are described, in part, as those three certain lots or parcels
of land shown on the plat by William Roudabush, as Lot 2A containing 6.579 acres, Lot
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2B containing 6.028 acres and a small parcel containing 0.1159 acres. On the basis of
Jeff Dice
January 29, 2004
Page 2
this deed, Lot 2A and Lot 2113 are each determined to be separate parcels of record
as defined in Section 10.3. As stated above, the land containing 0.1159 acres is
not a separate parcel of record.
Deed Book 967, page 395, dated November 4, 1987, conveyed three lots from Maxine
R. Honeycutt to John J. Marquis. The property is described as the same property that
was conveyed to the grantor by the deed recorded in Deed Book 683, page 206. This
transaction had no effect on the property's status as two separate parcels or on
development rights.
Deed Book 1041, page 122, dated March 21, 1989, conveyed three lots from John J.
Marquis to J.W.K. Properties, Inc. The property is described as the same property that
was conveyed to the grantor by the deed recorded in Deed Book 967, page 395. This
transaction had no effect on the property's status as two separate parcels or on
development rights.
Deed Book 1799, page 605, dated March 18, 1999, conveyed four parcels, including
TM 103-9, from J.W.K. Properties, Inc. to House & Garden, LLC. In this deed Parcel 9 is
described as four certain lots or parcels; Lot 2A containing 6.579 acres, Lot 2B
containing 6.028 acres and two small parcels containing 0.1159 acres in the aggregate.
This deed also references Deed book 407, page 155 that contains the conveyance of a
strip of land to the Commonwealth of Virginia. That conveyance was not accounted for
on the 1976 plat. That conveyance reduces the area of Parcel a -b -c -d. Due to the off
conveyance of the strip of land, the property is further described as being a portion of
the property conveyed to the grantor by the deed recorded in Deed Book 1041, page
122. This transaction had no effect on the property's status as two separate parcels or
on development rights.
Deed Book 1885, page 443, dated October 21, 1999, contains a Deed of Correction
between J.W.K. Properties, Inc. and House & Garden Company, LLC. Deed Book 1799,
page 605 incorrectly identified the Grantee as House & Garden, LLC. This instrument
corrects that misnomer. This transaction had no effect on the property's status as two
separate parcels or on development rights.
These parcels are entitled to the noted 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.
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Jeff Dice
January 29, 2004
Page 3
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: House and Garden Company, LLC
3414 Ellerslie Drive
Charlottesville, VA 22902
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
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