December 30, 2004

 

Susan S. Davey

P.O. Box 129

Keene, VA 22946

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 112, Parcel 15 (Lions Watch Farm, Property of Susan S. Davey) Section 10.3.1

 

Dear Mrs. Davey:

 

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 112, Parcel 15 consists of two separate parcels of record that are shown on a plat by O. R. Randolph dated May 20, 1964. Parcel A contains 271.74 acres and has five (5) development rights. Parcel B contains 22.49 acres and has five (5) development rights. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 112, Parcel 15 contains 293.790 acres and four dwellings. The property is in the Carters Bridge Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 711, page 292.

 

The most recent deed for this parcel recorded prior to the adoption of the zoning ordinance, December 10, 1980 is recorded in Deed Book 598, page 245 and dated April 30, 1976. This deed conveyed 294.23 acres from Joy Y. Hornor to Florence S. McCormick. The property is described as Parcel A containing 271.74 acres and Parcel B containing 22.49 acres on a plat made by O. R. Randolph dated May 20, 1964 and recorded in Deed Book 397, page 599. The plat notes that Parcel B includes 0.44 acres north of Route 708. A copy of this plat is attached to this determination. On the basis of this deed, Parcel A and Parcel B are each determined to be separate lots

of record with five development rights. The 0.44-acre portion of Parcel B is not a separate lot of record.

 

Deed Book 711, page 292, dated February 20, 1981, conveyed 294.23 acres from William Davey and Susan S. Davey to themselves as tenants by the entirety. The property is described as Parcel A containing 271.74 acres and Parcel B containing 22.49 acres and as being the same property that was conveyed to Florence S. McCormick by the deed recorded in Deed Book 598, page 245. This property was devised to her son, William Davey by the will recorded in Will Book 56, page 217. This transaction had no effect on the legal status of these parcels or on their development rights.

 

Deed Book 507, page 632 contains a plat by Morris Foster that shows the 0.44-acre portion of Parcel B, located between the Hardware River and Route 20, just north of Route 708, is a part of Tax Map 101, parcel 56A. That would explain the discrepancy in acreage between our records (293.79) and the acreage shown on the Randolph plat (271.74 + 22.49 = 294.23)- a difference of 0.44 acres.

 

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. In addition to these development right lots, these parcels may create as many parcels containing a minimum of 21 acres as they have the land to make.

 

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

 

Enclosed: O. R. Randolph plat

 

 

Copies:  McChesney Goodall, Coordinator of the ACE Program

   Gay Carver, Real Estate Department

              Ella Carey, Clerk of the Board of Supervisors

 

TM-P

Acreage

Division rights for 21 acre minimum parcels

Development rights

112-15 PARCEL A

271.74

12

5

112-15 PARCEL B

22.49

0

5

 

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