HomeMy WebLinkAboutLOD200400043 Letter of Determination 2017-07-13C
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone 434 296-5832 Fax 434 972-4126
December 30, 2004
Susan S. Davey
P.O. Box 129
Keene, VA 22946
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 112, Parcel 15 (Lions Watch Farm, Property of Susan S. Davey) Section
10.3.1
Dear Mrs. Davey:
The County Attorney and I have reviewed the title information for the above -noted
property. It is the County Attorneys advisory opinion and my official determination that
Tax Map 112, Parcel 15 consists of two separate parcels of record that are shown on a
plat by 0. R. Randolph dated May 20, 1964. Parcel "A" contains 271.74 acres and has
five (5) development rights. Parcel "B" contains 22.49 acres and has five (5)
development rights. The basis for this determination is summarized as follows:
Our records indicate Tax Map 112, Parcel 15 contains 293.790 acres and four
dwellings. The property is in the Carters Bridge Agricultural Forestal District. The most
recent deed for this property is recorded in Deed Book 711, page 292.
The most recent deed for this parcel recorded prior to the adoption of the zoning
ordinance, December 10, 1980 is recorded in Deed Book 598, page 245 and dated April
30, 1976. This deed conveyed 294.23 acres from Joy Y. Hornor to Florence S.
McCormick. The property is described as Parcel "A" containing 271.74 acres and Parcel
"B" containing 22.49 acres on a plat made by 0. R. Randolph dated May 20, 1964 and
recorded in Deed Book 397, page 599. The plat notes that Parcel "B" includes 0.44
acres north of Route 708. A copy of this plat is attached to this determination On the
basis of this deed, Parcel A and Parcel B are each determined to be separate lots
of record with five development rights. The 0.44-acre portion of Parcel B is not a
separate lot of record.
Susan S. Davey
December 30, 2004
Page 2
Deed Book 711, page 292, dated February 20, 1981, conveyed 294.23 acres from
William Davey and Susan S. Davey to themselves as tenants by the entirety. The
property is described as Parcel "A" containing 271.74 acres and Parcel "B" containing
22.49 acres and as being the same property that was conveyed to Florence S.
McCormick by the deed recorded in Deed Book 598, page 245. This property was
devised to her son, William Davey by the will recorded in Will Book 56, page 217. This
transaction had no effect on the legal status of these parcels or on their
development rights.
Deed Book 507, page 632 contains a plat by Morris Foster that shows the 0.44-acre
portion of Parcel "B," located between the Hardware River and Route 20, just north of
Route 708, is a part of Tax Map 101, parcel 56A. That would explain the discrepancy in
acreage between our records (293.79) and the acreage shown on the Randolph plat
(271.74 + 22.49 = 294.23)- a difference of 0.44 acres.
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. In addition to these development right lots, these parcels may
create as many parcels containing a minimum of 21 acres as they have the 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
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,
01
John Shepherd
Manager of Zoning Administration
Enclosed: O. R. Randolph plat
Susan S. Davey
December 30, 2004
Page 3
Copies: McChesney Goodall, Coordinator of the ACE Program
Gay Carver, Real Estate Department
Ella Carey, Clerk of the Board of Supervisors
TM-P
Acreage
1 Division rights for 21
Development rights
acre minimum
parcels
112-15 PARCEL A
271.74
12
5
112-15 PARCEL B
122.49 10
15
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