HomeMy WebLinkAboutLOD200500052 Letter of Determination 2017-07-17LO Ze00004 Z
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COUNTY OF ALBEMA.RLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
January 3, 2005
Jean and Catherine Vieille
371 Shelton Mill Road
Charlottesville, VA 22903-7367
Fax (434) 972-4126
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 56, Parcel 113 (Property of Jean and Catherine Vieille) Section 10.3.1
Dear Mr. and Ms. Vieille:
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 56, Parcel 113 is one parcel with five (5) development rights. The basis for this
determination is summarized as follows:
Our records indicate Tax Map 56, Parcel 113 contains 269.203 acres and two dwellings.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1672, page 60.
This analysis begins with the deed recorded in Deed Book 255, page 351 and dated
April 23, 1923. This deed conveyed 270.2 acres from W. O. Woodson and Belle A.
Woodson to A. S. Stephenson and Mamie W. Stephenson. The property is described on
a plat by Hugh F. Simms, S.A.C., that is dated September 1923 and attached hereto.
The plat shows that the entire parcel was located on the east side of Shelton's Mill Road
at the time it was recorded.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980 is recorded in Deed Book 298, page 12 and is dated October 30,
1951. This deed conveyed 1.98 acres from A. S. Stephenson and Mamie W.
Stephenson to A. Tyler Stephenson and Lucille J. Stephenson. The property is shown
on an attached plat by Hugh F. Simms and Son, C.L.S's and is described as being a
portion of the lands conveyed by the deed recorded in Deed Book 255, page 351.
1ADEFRBUSOetermin of Parce112004 ACE156-113 Vieille.doc
Jean and Catherine Vieille
January 3, 2005
Page 2
Based on this deed, the residue of the property, estimated to contain 268.22 acres
and identified as Tax Map 56, Parcel 113 is determined to be a parcel of record
with five (5) development rights.
Deed Book 1140, page 69, dated February 11, 1991, contains a Certificate of Plat. The
plat shows the boundary between Tax Map 56, Parcel. 43A, owned by Herbert C. Barrel
and Frances C. Barrel and Tax Map 56, Parcel 113, owned by Mary Lee B. .
Stephenson. The resulting acreage of Parcel 113 is not noted on the plat. This plat had
no effect on the legal status or development rights of the subject parcel.
Deed Book 1550, page 273, dated July 2, 1996, conveyed 268.22 acres from Mary Lee
B. Stephenson to Nationsbank, N.A., Trustee, under Trust Agreement of Mary Lee B.
Stephenson. The property is described, in part, as being all of the tract of 270.2 acres
conveyed in Deed Book 255, page 351 except the 1.98 acres conveyed by the deed
recorded in Deed Book 298, page 12. This deed references the plat recorded in Deed
Book 1140, page 69. This transaction had no effect on the legal status or
development rights of the subject parcel.
Deed Book 1573, page 265, dated October 15, 1996, conveyed 268.22 acres from
Nationsbank, N.A., Trustee, under Trust Agreement of Mary Lee B. Stephenson to Jean
Vieille and Catherine Vieille. The property is described as being the same property
conveyed by the deed of record in Deed Book1550, page 273. The deed also includes a
plat showing a boundary and a physical survey by Thomas D. Blue, dated October 21,
1996. The plat shows that Shelton's Mill Road has been relocated sometime since the
plat in Deed Book 255, page 351 was recorded in 1923. The Thomas Blue plat shows
that the parcel is now physically separated into two portions; one containing
2.824 acres west of Shelton's Mill Road and the other containing 266.379 acres
east of Shelton's Mill Road. However, neither this deed nor any other recorded
instrument established the 2.824-acre piece as a separate legal parcel of record.
Therefore, it is determined that this transaction had no effect on the legal status
of this property as a single parcel with five development rights.
Deed Book 1672, page 60, dated January 14, 199ti, conveyed the same property as
was conveyed by the deed recorded in Deed Book 1573, page 265 from Jean Vieille
and Catherine Vieille to themselves as tenants in common. This plat had no effect on
the legal status or development rights of the subject parcel.
This parcel 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
IADEPT\BCZS1Determin of ParceIV004 ACE156-113 Vieille.doc
Jean and Catherine Vieille
January 3, 2005
Page 3
by right. In addition the tract may create as many parcels containing a minimum of 21
acres as it has land to create.
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,
IZ44-111"'
John Shepherd
Manager of Zoning Administration
Copies: McChesney Goodall, Coordinator of the ACE Program
Gay Carver, Real Estate Department
Reading Files
TM-P
Acreage
Division rights for 21
Development rights
acre minimum
parcels
TM 56-113
269.203
12
5
1ADEPTIBCZSIDeterm1n of Parce112004 ACE156-113 Vieille.doc