June 8, 2004

 

William Downer

320 Key West Drive

Charlottesville, VA 22911

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS- Tax Map 29, Parcel 36 (Property of Estate of Gertrude F. Via.) Section 10.3.1

 

Dear Mr. Downer:

 

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 29, Parcel 36 contains five (5) development rights. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 29, Parcel 36 contains 36.790 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent instrument for this property is recorded in Will Book 95, page 416. The will references Deed Book 475, page 107, Deed Book 945, page 669 and Deed Book 910, page 582.

 

The most recent deed for this parcel recorded prior to the adoption of the zoning ordinance on December 10, 1980 is recorded in Deed Book 475, page 107, dated June 24, 1970. This deed conveyed interests in four tracts of land from Nathanial Logan Via & Betty C. Via, Ralph Earl Via & Doris M. Via, Dorothy Via Marsh & Floyd T. Marsh, Jr., John W. Via & Patricia D. Via, Ann Via Risden & John R. Risden and James R. Via to Gertrude F. Via. The property included a tract of 71 acres conveyed to Nathanial Via by the deed recorded in Deed Book 218, page 287. This tract was designated as Parcel 36 on Tax Map 29. In addition, the deed included a tract of 21.2 acres that was identified as Parcel 34B and a tract of 7.6 acres that was identified as Parcel 35A. These three tracts totaled 99.8 acres. On the basis of this deed, the 71-acre tract, identified as Tax Map 29, Parcel 36, is determined to have been a lot of record with five (5) development rights.

 

Deed Book 910, page 582, dated December 4, 1986, conveyed an undivided one-sixth interest in a parcel from Gertrude F. Via to John Wood Via. The property is described as containing 99.8 acres and is the same land that was conveyed by the deed recorded in Deed Book 475, page 107. This transaction had no effect on the status of the parcels or on development rights.

 

Deed Book 945, page 669, dated May 8, 1987, contains a Report of Commissioners for the case of Rivanna Water and Sewer Authority v. Gertrude F. Via. The report assigns a value to 63.010 acres that was the subject of a taking. The property included all of Parcel 34B, all of Parcel 35A and 34.21 acres from Parcel 36. These parcels are shown on a plat by James H. Bell and Thomas D. Blue, revised on November 19, 1984.

 

Deed Book 945, page 671, dated June 22, 1987, contains the Final Order that conveyed the property described above in the Commissioners Report from Gertrude F. Via to the Rivanna Water and Sewer Authority (RWSA).  As a result of this transaction, Tax Map 29, Parcel 36 contained 36.79 acres. The plat did not assign development rights to either the portion of Parcel 36 that was conveyed to RWSA or to the 36.79 acre portion that was retained by Gertrude F. Via. The property was condemned for the special purpose of the construction of a reservoir on Buck Mountain Creek. The 34.21-acre tract was not approved as a development lot. A substantial portion of the tract is in the Flood Hazard Overlay District. Therefore, it is determined here that no development rights were conveyed with the 34.21-acre parcel and the 36.79-acre residue retained five (5) development rights. There have been no off-conveyances since this transaction.

 

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.

 

If you have any questions, please contact me.

 

Sincerely,

 

 

 

John Shepherd

Manager of Zoning Administration

 

Copies:  John Wood Via, Executor

               513 Harris Road

               Charlottesville, VA 22903

 

               Rivanna Water and Sewer Authority

               P. O. Box 18

               Charlottesville, VA 22902

 

              Gay Carver, Real Estate Department

              Ella Carey, Clerk Board of Supervisors

              Reading Files 29-36

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