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Home My WebLink AboutLOD200100005 Action Letter 2017-07-12FAX (804) 972-4126 January 30, 2001 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (804) 296-5832 Joseph T. Henley III And Charles T. Henley 5925 Bearwood Road Crozet, VA 22932 TTD (804) 972-4012 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 40, Parcel 10 , Parcel 22, and Parcel 49(Property of Joseph T. Henley 111 & Charles T. Henley) Section 10.3.1 Dear Messrs. Henley: The County Attorney and I have reviewed the title information for the above -noted properties. It is the County Attorney's advisory opinion and my official determination that Tax Map 40 Parcel 10 contains two (2) theoretical development rights. Tax Map 40, Parcel 22 contains five (5) theoretical development rights. Tax Map 40, Parcel 49 contains five (5) theoretical development rights. The basis for this determination is provided below. Tax Map 40 Parcel 10: Our records indicate this parcel contains 86.340 acres and 1 dwelling. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 393, page 31. It is a deed of partition dated November 1, 1963 by and among Alma H. Henley, widow of Joseph T.Henley, Joseph T. Henley, Jr., and Joan Henley, his wife, Carroll D. Henley and Elizabeth G, Henley, his wife, William T. Henley, unmarried, and Thomas W. Henley and Joan C. Henley, his wife. This deed references a tract containing 111.9 acres, more or less, which was conveyed to J. T. Henley from Aurelia Z. Shanklin on May 28, 1947 and recorded on Deed Book 274, page 142. Deed Book 1278, page 378, dated December 18, 1992, between Joseph T. Henley, Jr. & Joan H. Henley and Joseph T. Henley III divided two parcels from the 111.9 acre parent parcel leaving the residue of 86.34 acres. The plat that created these new parcels is recorded in Deed Book 1278 on page 368. The plat carried a note stating, The residue retains 2 division rights. When used they shall not consume more than 7.45 acres." There have been no off -conveyances from this parcel since December 18, 1992. Therefore, Tax Map 40, Parcel 10 contains two (2) development rights. Henley Determination January 30, 2001 Page 2 Tax Map 40 Parcel 22: Our records indicate this parcel contains 99.59 acres and one dwelling. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 662, page 142 dated December 28, 1978 between Joseph T. Henley Jr. & Joan H. Henley and Charles Timothy & Darla H. Henley. This deed conveyed 45 acres now shown as Parcel 22A on Tax Map 40, which was previously referenced in Deed Book 230, page 462, dated February 18, 1936. Deed Book 393, page 31. It is a deed of partition dated November 1, 1963 by and among Alma H. Henley, widow of Joseph T.Henley, Joseph T. Henley, Jr., and Joan Henley, his wife, Carroll D. Henley and Elizabeth G, Henley, his wife, William T. Henley, unmarried, and Thomas W. Henley and Joan C. Henley, his wife. This deed references a tract containing 154.9 acres, more or less, which was conveyed to J. T. Henley and J.H. Henley from Mary L. Woodson, et al and recorded on Deed Book 230, page 462. That deed includes a plat on page 36, dated October 16, 1963, that reduces the 154.9 acre tract by 8.94 acres. This acreage was taken from what is now Parcel 22, added to 90.65 acres that was part of Parcel 50 to create Parcel 50A. As a result of this transaction, the residue of Parcel 22 contained 99.59 acres. There have been no off - conveyances from Parcel 22 since December 28, 1978. Therefore, Tax Map 40, Parcel 22 contains five (5) development rights. Tax Map 40, Parcel 49: Our records indicate this parcel contains 12.800 acres and no dwellings. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 393, page 31. It is a deed of partition dated November 1, 1963 by and among Alma H. Henley, widow of Joseph T.Henley, Joseph T. Henley, Jr., and Joan Henley, his wife, Carroll D. Henley and Elizabeth G, Henley, his wife, William T. Henley, unmarried, and Thomas W. Henley and Joan C. Henley, his wife. This deed references a tract containing 12.8 acres, more or less, which was conveyed to J. T. Henley from George F. Wood and Wife and recorded in Deed Book 282, page 404. There have been no off - conveyances from this parcel since December 10, 1980. Therefore, Tax Map 40, Parcel 49 has five (5) development rights. Each of the above mentioned parcels is 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. In addition to the development right lots, a "parent parcel" may create as many parcels containing a minimum of twenty-one acres as it has land to make. 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 Henley Determination January 30, 2001 Page 3 the Code of Virginia. It 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 $95. 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, 100, 411110,11111 John Shepherd Manager of Zoning Administration Copies: McChesney Goodall, ACE Program Coordinator Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files pFAI C�' `//'L• is -i:, �IRGSl3lP COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 28, 1991 Ronald Hancock Rt 2, Box 93A Crozet, VA 22932 RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1 Tax Map 40A, Parcel 22 and Well Lot Dear Mr. Hancock: The County Attorney and I have reviewed the chain of title you have submitted for the above -noted property. It is the County Attorney's advisory opinion and my official determination, that this property consists of two (2) separate parcels: lot 3 and lot 22, which includes the well lot. Each of these lawfully separate parcels is entitled to associated development rights. This determination considered the descriptive clauses of the deed, which delineate and enumerate the property as consisting of two (2) parcels. This consideration is based on the findings of the Va. Supreme Court in the case, Faison v. Union Camp 224 VA 54. The most recent deed of record as of the date of adoption of the Zoning ordinance is found in Deed Book 648, Page 597. It is dated May 19, 1978 from Clover to Hancock. This deed describes the following parcels: 1. Lot 3 containing less than one (1) acre (1 right - none additional) 2. Lot 22, which includes the well lot containing 6.8 acres (3 development rights) May 28, 1991 Ronald Hancock Page 2 Anyone aggrieved by this decision may file a written appeal within thirty (30) days of the date of this letter. If you have any questions, please feel free to contact me at your convenience. Sincerely, Amelia M. Patterson Zoning Administrator AMP/ sp cc: Jan Sprinkle Gay Carver Estelle Neher, Clerk to Board of Supervisors Reading Files