March 12, 2004

 

Michael Fenner

The Cox Company

229 East High Street

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 42, Parcels 22, 22A and 31B (Property of Otto Dolman, Trustee of Otto Dolman Trust) Section 10.3.1

 

Dear Mr. Fenner:

 

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 42, Parcel 22, containing 25.535 acres is a separate parcel with five (5) development rights. Tax Map 42, Parcel 22A, containing 10.021 acres is a separate parcel with five (5) development rights. Tax Map 42, Parcel 31B is a separate parcel with one (1) development right. The basis for this determination is summarized as follows:

 

TM/P 42 / 22 & 22A

 

Our records indicate Tax Map 42, Parcel 22 contains 25.535 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1745, page 253.

 

Our records indicate Tax Map 42, Parcel 22A contains 10.021 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1745, page 253.

 

The most recent deed for TM 42-22 and 22A recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 580, page 610. This is a Deed of Trust, dated September 9, 1975, conveyed from Harold B. Johnson to Trustees of the Virginia Federal Savings and Loan Association. The secured property is described as containing 10.021 acres, more particularly described as Parcel A on the attached plat of Kurt Gloeckner, revised on September 8, 1975 and being a portion of the 33.75 acres

conveyed to Harold B. Johnson on April 17, 1974. The plat also shows Parcel B containing 25.535 acres.

 

On the basis of this recorded plat, Tax Map 42 Parcel 22, containing 25.535 acres and Tax Map 42, Parcel 22A, containing 10.021 acres are each determined to be parcels of record. Each of these separate parcels contains five (5) development rights.

 

TM/P 42 / 31B

           

Our records indicate Tax Map 42, Parcel 31B contains 3.06 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1745, page 253.

 

The most recent deed for TM 42-31B recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 470, page 125 and dated January 22, 1970. This deed conveyed a 7/8 undivided interest in 3.06 acres from Gussie C. Clark & Chelsie L. Clark, Channie C. Henderson, Annie C. Peay & Winfred Peay, Agnes C. Jones & John Jones, Precious C. Green & Barrington Green, Cleo C. Matney & Harry B. Matney, Jr., and James L. Catlett to James L. Catlett & Vernell S. Catlett. The property is described on a plat by O.R. Randolph, dated January 14, 1970. On the basis of this deed Tax Map 42 Parcel 31B, containing 3.06 acres is determined to be a parcel of record with one (1) development right.

 

TM/P 42 / 22, 22A & 31B

 

Deed Book 1066, page 722, dated August 11, 1989, conveyed two tracts from Harold B. Johnson to Otto Dolman and Johanna H. Dolman. The property is described, in part, as follows:

 

ONE: All those two tracts of land, containing 10.021 and 25.535 acres shown on the plat of Kurt Gloeckner that is recorded in Deed Book 580, page 614.

 

TWO: All that certain lot or parcel containing 3.06 acres shown on the plat recorded in Deed Book 470, page 129.

 

This transaction had no effect on the legal status of the subject parcels or on their development rights.

 

Deed Book 1745, page 253, dated August 13, 1998, conveyed two tracts from Otto Dolman and Johanna H. Dolman to Otto Dolman, Trustee of the Otto Dolman

Revocable Trust. The property, described in Schedule A is the same property conveyed by the deed recorded in Deed Book 1066, page 722. This transaction had no effect on the legal status of the subject parcels or on their development rights.

 

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 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.

 

Since the chain of title for these three parcels join at Deed Book 1066, page 722, this is considered to be one determination, requiring one fee of $75.00. Therefore, you will receive a refund of $75.00.

 

Return to consent agenda

Return to regular agenda

 

If you have any questions, please contact me.

 

Sincerely,

 

 

 

John Shepherd

Manager of Zoning Administration

 

Copies:   Otto Dolman, Trustee

               2969 Catlett Road

               Charlottesville, VA 22901

 

    Gay Carver, Real Estate Department

               Ella Carey, Clerk Board of Supervisors

               Reading Files