September 10, 2004

 

Kenneth L. Klotz

4737 Green Creek Road

Schuyler, VA 22969

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 111, Parcel 8Z2 (Property of Kenneth L. Klotz) Section 10.3.1

 

Dear Mr. Klotz:

 

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 111, Parcel 8Z2 is comprised of two separate parcels.
 

Parcel #1 is comprised of Parcel H containing 8.988 acres shown on the plat recorded in Deed Book 624, page 451 plus the 7 acres shown on the plat recorded in Deed Book 786, page 720. Parcel H was identified on the 1980 tax map as Parcel 8Z2. This parcel has four (4) development rights confined to the area of the original 8.988 acres.

 
Parcel #2 is comprised of Parcel J containing 8.988 acres also shown on the plat recorded in Deed Book 624, page 451. Parcel J was identified on the 1980 tax map as Parcel 8Z3.This parcel has four (4) development rights.

 

This determination is based on the following analysis:

 

Our records indicate Tax Map 111, Parcel 8Z2 contains 24.976 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 955, page 220.

 

This analysis begins with a plat prepared by Kurt Gloeckner that is recorded in Deed Book 624, page 451 and dated May 19, 1977. The plat shows Parcels H and J each containing 8.988 acres. This is a division of property designated as Parcel 8Z on Tax

Map 111. This division was exempt from the Subdivision Ordinance in effect at the time. The 1980 tax map identified Parcel H as Parcel 8Z2 and Parcel J as 8Z3. On the basis of this plat, these two 8.988-acre parcels are each determined to have been separate lots of record in accord with Section 10.3 at the time they were recorded. It is further determined that the cemetery shown on Parcel J is not a separate lot of record.

 

The most recent deed for Parcel J recorded prior to December 10, 1980, the date of the adoption of the zoning ordinance is recorded in Book 637, page 371 and dated November 29, 1977. This deed conveyed 8.988 acres from James C. Joyner and William H. Lindsay and Katherine W. Lindsay to Kenneth L. Klotz and Karen Zachoc. The parcel is more particularly described as Parcel J (8Z3) on a plat prepared by Kurt Gloeckner recorded in Deed Book 624, page 451. On the basis of this deed and plat, this 8.988-acre tract is determined to be a separate lot of record with four (4) development rights.

 

The most recent deed for Parcel H recorded prior to December 10, 1980, the date of the adoption of the ordinance is recorded in Deed Book 688, page 790 and is dated February 1, 1980. This deed conveyed 8.988 acres from Robin O. Bodkin and Catherine J. Bodkin to Kenneth L. Klotz and Karen Zachoc. The parcel is more particularly described as Parcel H on the plat made by Kurt Gloeckner that is recorded in Deed Book 624, page 451. On the basis of this deed and plat, this 8.988-acre tract is determined to be a separate lot of record with four (4) development rights.

 

Deed Book 690, page 633, contains a certificate of plat. The plat prepared by Gloeckner and Lincoln, Inc. is dated March 17, 1980. It is entitled: “Plat Showing Survey of 17.976 Ac. Property belonging to Kenneth L. Klotz and Karen Zachok Located at Alberene.” The plat shows Parcels H and J as described above but does not show the line between them. The property is identified as TMP 111- 8Z 2 & 3. The plat also references Deed Book 688, page 790, Deed Book 637, page 371 and Deed Book 627, page 74. The plat was not approved as a subdivision plat. It is assumed that the Real Estate Department interpreted this plat as combining the two parcels into one which was then designated as 8Z2 on the tax map. It is determined that this plat is a perimeter boundary survey that did not serve to combine parcels 8Z2 and 8Z3. This plat had no effect on the status of the parcels or their development rights.

 

Deed Book 786, page 720, dated December 7, 1983, conveyed 7.000 acres from James C. Joyner to Kenneth L. Klotz and Karen Zachoc. The property is more particularly described on a plat prepared by Gloeckner, Lincoln and Osborne, dated December 2, 1983 that is attached to this deed. The plat shows that the seven acres is being added to Parcel 8Z2 which was described by reference to Deed Book 690, page

634. The plat carries a note stating: “The division rights of the 73.393 acre residue are not effected [sic] by this platting. The residue retains all division rights.” Based on the reference to Deed Book 690, page 634, it is determined that this plat did not serve to combine the original parcels designated as 8Z2 and 8Z3. Based on the note on the plat, the seven acres added to Parcel 8Z2 contained no development rights. As a result of this transaction this property continues to consist of two parcels. One is comprised of the original 8Z2 plus the 7-acre portion added to it. This parcel retained four development rights within the original 8.988 acres. The other is comprised of the original Parcel 8Z3. This parcel also retained four development rights.

 

 Deed Book 831, page 55 contains a physical survey of Tax Map 111, Parcel 8Z2 that is shown to contain 24.976 acres. The plat references the plats recorded in Deed Book 786, page 724 and Deed Book 690, page 634. It is determined that this survey had no effect on the status of the parcels or their development rights.

 

Deed Book 955, page 220, dated July 23, 1987, conveyed 24.976 acres from Kenneth L. Klotz and Karen Zachoc to Kenneth L. Klotz. The property is described as consisting of property conveyed by Deed Book 786, page 720, Deed Book 637, page 371, Deed Book 688, page 634 and Deed Book 690, page 634. It is determined that this deed had no effect on the status of the parcels or their 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

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