November 18, 2004

 

Brian S. Ray, L.S.

1717-1B Allied Street

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 37, Parcel 6 (Property of George Frost) Section 10.3.1

 

Dear Mr. Ray:

 

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 37, Parcel 6 is comprised of two separate parcels. Tract 1 contains approximately 75 acres and Tract 2 contains approximately 108.06 acres. Each of these parcels has five (5) development rights. These parcels are shown on a survey by Roger W. Ray that is enclosed. This determination is based on the following analysis:

 

Our records indicate Tax Map 37, Parcel 6 contains 183.060 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Will Book 107, page 585.

 

The most recent deed for this parcel recorded prior to December 10, 1980, the date of the adoption of the ordinance, is recorded in Book 301, page 445, dated August 14, 1952, conveyed 183.06 acres from Justine Dickson Ferguson to Granger H. Frost and Dorothy E. Frost. The parcel is more particularly described, in part, as Tracts Nos. 1 and 2 on a plat made by A.G. Briggs dated April 24, 1916, recorded as part of a deed from S.M. Nottingham in Deed Book 185, page 591. The plat identifies Lot 1 as the property of W.M. Locker and shows it contains 75 acres. The plat identifies Lot 2 as the property of A.M.Sindlinger and shows it contains 108.06 acres. On the basis of this deed and the prior plat, the 75-acre parcel and the 108.06-acre parcel are each determined to be separate lots of record with five (5) development rights.

 

Deed Book 1196, page 95, dated December 18, 1991, conveyed property from Granger H. Frost and Dorothy E. Frost as Tenants in Common to themselves as Tenants by the entirety. The property is described as being the same two tracts as were conveyed by the deed recorded in Deed Book 301, page 445. It is determined that this deed had no effect on the status of the parcels or their development rights.

 

Deed Book 1196, page 357, dated December 23, 1991, conveyed Dorothy E. Frostís  interest in property to Granger H. Frost. Dorothy E. Frost retained a life estate in the property. The property is described as being the same two tracts as were conveyed by the deed recorded in Deed Book 1196, page 95. It is determined that this deed had no effect on the status of the parcels or their development rights.

 

Deed Book 1196, page 360, dated December 23, 1991, Granger H. Frost conveyed a life estate and a vested remainder interest in property to George Frost. The property is described as being the same two tracts as were conveyed by the deed recorded in Deed Book 1196, page 95. It is determined that this deed had no effect on the status of the parcels or their development rights.

 

Will Book 107, page 585 documents that Dorothy E. Frost died on November 29, 2003.

 

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.  The parcels may also create as many lots containing at least 21 acres as the acreage allows if all other applicable regulations can be met.

 

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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