September 15, 2004

 

Ms. Constance Hallquist

3555 Keswick Road

Keswick, Virginia 22947

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 79A1, Parcels D1, D2, D20, D25, D33, E1, E4, E7, and E9 under Section 10.3.1

 

Dear Ms. Hallquist:

 

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 the nine parcels are comprised of thirty-seven total lots and therefore contain thirty-seven theoretical development rights.  Each one of the current tax map and parcel numbers represents a group of lots and portions of lots that were acquired by one deed.  [See the listing in the proceeding.]  Please note the distinction between the use of “lots” and “parcels.” 

 

Listed below and on the next page are the most recent deed book references prior to adoption of the zoning ordinance that established the Rural Areas zoning district (RA) and its development rights.  These are the deeds that we examined to make this determination.  Each of the nine lots that are subject to this determination are within the Royal Acres subdivision and were parcels of record before the Commonwealth of Virginia took land for the construction of I64 in 1967.  The portions of the parcels that remained were then the parcels of record on December 10, 1980 when the County adopted the current Zoning Ordinance and each one is entitled to one development right.

 

The list notes the reference, the date of the deed, the identities of the lots and portions of lots that make up each parcel, and, the number of development rights.  In each deed, the parcels are described as being from Deed Book 280 page 335 to 338 which is the plat for the Royal Acres Subdivision.

 

 

 

Parcel Number

 

Deed Book

 

Date Recorded

 

Description of Lots

Development Rights

Parcel D1:

Deed Book 305, page 146

November 6, 1950

Block D, lot 1

1

Parcel D2:

Deed Book 313, page 531

November 12, 1954

Block D, lots 2 and 3

2

Parcel D20;

Deed Book 313, page 531

November 12, 1954

Block D, lots 20, 21, 22, 23 and 24

5

Parcel D25:

Deed Book 381, page 251

July 30, 1962

Block D, lots 25, 26, 27, 28, 29, 30, 31, and 32

8

Parcel D33:

Deed Book 434, page 236

September 12, 1967

Block D, lots 33 and 34

2

Parcel E1:

Deed Book 285, page 385

September 12, 1949

Block E, lots 1, 2 and 3

3

Parcel E4:

Deed Book 297, page 266

November 6, 1950

Block E, lots 4, 5, 6, 17, 18 and 19

6

Parcel E7:

Deed Book 301, page 534

May 19, 1952

Block E, lots 7, 8, 14, 15, and 16

5

Parcel E9:

Deed Book 310, page 124

March 12, 1954

Block E, lots 9, 10, 11, 12, and 13

5

 

Each of these thirty-seven lots contains one (1) theoretical development right. These lots are entitled to the noted development rights only if all other applicable regulations can be met. This includes but is not limited to: yards (setbacks), house site, and, area for septic disposal fields.  Since none of the lots is four acres or greater, the development rights represent the maximum number of lots that exist or could be created by right. Since many of these lots have never been surveyed, but are residue pieces of lots recorded before the taking by the Commonwealth of Virginia for I64, the location and size of any lots for which you want to use a development right will need to be determined by a survey.  Should you choose to accept the parcels as they are currently combined by the County for tax purposes, you will need to record a plat or deed combining the lots. All of the parcels that are less than the two-acre minimum lot size in the RA district are nonconforming and are subject to the regulations of section 6.4.

 

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,

 

  

Janice D. Sprinkle

Deputy Zoning Administrator

 

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