January 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 2B 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 2B 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 2B containing 6.028 acres and a small parcel containing 0.1159 acres. On the basis of

this deed, Lot 2A and Lot 2B 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.

 

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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