March 10, 2005

 

Tara Rowan Boyd

LeClaire Ryan

123 East Main Street, 8th Floor

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF PARCELS & DEVELOPMENT RIGHTS - Tax Map 58, Parcel 8 (Property of Thomas Hutchinson) Section 10.3.1

 

Dear Ms. Boyd:

 

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 58, Parcel 8, is comprised of three (3) separate parcels designated as A, B and C on the attached sketch.

 

Parcel A, the portion of the 17.5-acre parcel shown on the plat recorded in Deed Book 117, page 29, less strips of land conveyed to the Commonwealth of Virginia, located on the Southeast side of Route 738 contains at least one (1) development right. It is eligible to contain two (2) development rights.

 

Parcel B, the 1.2-acre parcel shown on the plat recorded in Deed Book 252, page 88, less a strip of land conveyed to the Commonwealth of Virginia, contains one (1) development right.                 

 

Parcel C, the 4.15-acre parcel shown on the plat recorded in Deed Book 252, page 88, less a strip of land conveyed to the Commonwealth of Virginia, contains one (1) or two (2) development rights, depending whether this parcel contains 4 acres or more.                  

 

The basis for this determination is provided below.

 

Our records indicate that Tax Map 58, Parcel 8 contains 10.344 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 783, page 472.

 

1980: Tax Map 58, Parcel 8

 

This analysis begins with the deed recorded in Deed Book 298, page 542 and dated January 30, 1952. This deed conveyed five tracts of land from Arthur L. Dorsey and Hazel M. Dorsey to Stillman F. Kelley, II and Katharyn N. Kelley.  Three of the tracts conveyed with this deed were:

 

(1)     17.5 acres shown on a plat recorded in Deed Book 117, page 29 less a strip containing 0.23 acres conveyed to the Commonwealth of Virginia. [17.5 – 0.23 = 17.27]

 

(2)     15.5 acres shown on a plat recorded in Deed Book 255, page 276. (This is designated as Tax Map 58, Parcel 8B.)

 

(3 & 4)  5.35 acres shown on a plat recorded in Deed Book 252, page 86. That plat     

             shows the property is actually comprised of two separate parcels; one  

             containing 1.2 acres and the other containing 4.15 acres. (These two lots 

             comprise a portion of Tax Map 58, Parcel 8)

 

Together, these four parcels comprised Parcel 8 as shown on the 1979 Tax Map. Copies of three plats depicting these four tracts are attached. This deed established these four parcels as lots of record as defined in Section 3.1 of the Zoning Ordinance.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 489, page 73 and is dated June 14, 1971. This deed conveyed two pieces of land from Stillman F. Kelley, II and Katharyn N. Kelley to the Commonwealth of Virginia. Dettor, Edwards & Morris, Inc. is also a party to this transaction. Parcel A, a portion of Tax Map 58, Parcel 8 containing 0.296 acres was added to the right-of-way of Route 738. Parcel B, a portion of Tax Map 58, Parcel 8A containing 0.458 acres was added to the right-of-way of Route 676.

 

On the basis of this deed, Parcel 8 as shown on the 1979 Tax Map was comprised of four separate lots of record designated as Parcels A through D on the enclosed sketch.

 

Parcel A contained 17.27 acres minus .458 acres and a portion of .296 acres  and was located on both sides of Route 738. The portion of this parcel that is located on the Southeast side of Route 738 is part of Parcel 8. There are five development rights associated with Parcel A, the entire remainder of the 17.5-acre property after the off-conveyances to the Commonwealth.

 

Parcel B contained 15.5 acres minus a portion of .296 acres and was located on the southeast side of Route 738. Parcel B is not a part of Parcel 8.

 

Parcel C contained 1.2 acres minus a portion of .296 acres. Parcel C is part of Parcel 8.

 

Parcel D contained 4.15 acres minus a portion of .296 acres. Parcel D is part of Parcel 8.

 

Deed Book 754, page 384, dated December 6, 1982, conveyed 8.46 acres from Stillman F. Kelley, II and Priscilla Kelley to Thomas E. Hutchinson and Colleen R. Hutchinson. The property is further described as lying on the north side of Route 738 and as being a portion of a larger tract conveyed by the deed recorded in Deed Book 298, page 542. Specifically, this lot is derived from Parcel A on the attached sketch showing the approximate location of lots of record. The property is also shown on a plat by Frank A. Gregg dated December 1982. The plat shows a 2.7-acre lot that was added to Tax Map 57, Parcel 81B and an 8.46-acre on the northwest side of Route 738. (Tax Map 58, Parcel 8A) The residue of this transaction, containing between 5.652 and 5.356 acres on the southeast side of Route 738 is a portion of Tax Map 58, Parcel 8. [ 17.27 - .458 – 8.46 – 2.7 = 5.652  - .296 = 5.356] The five theoretical development rights associated with Parcel A were available to these three lots; the 8.46-acre lot, the 2.7-acre lot, and the 5.652 to 5.356-acre lot.

 

Section 18-52 (p) of the Subdivision Ordinance, in effect at the time of this division, required a note on the plat stating: “The number of lots, as assigned by the subdivider into which each such parcel may be further divided by right pursuant to Section 10.3.1 of the zoning ordinance, if applicable.” However, in this case the plat did not assign the development rights associated with the original 17.5-acre parcel of record.  In a letter dated February 8, 2005, it was determined that the portion of that parcel located on the southeast side of Route 738, (the 5.652 to 5.356-acre lot) a portion of Tax Map 58, Parcel 8, contains at least one development right because any parcel containing less than 21 acres requires a development right. It is eligible to receive up to two development rights.

 

Deed Book 783, page 472, dated November 4, 1983, conveyed 10.344 acres from Stillman F. Kelly II and Priscilla Kelly to Thomas E. Hutchinson and Colleen R. Hutchinson. The property is shown on a plat by Frank A. Greg, C.L.S. that is dated May 24, 1983. It is also described as being a portion of the property conveyed by the deed of record in Deed Book 298, page 542. Based on this deed, this parcel is comprised of three separate parcels; (1) the portion of the 17.5-acre parcel on the Southeast side of Route 738 is described above, (2) the remainder of the 1.2-acre parcel which contains one development right,  and (3) the remainder of the 4.15-acre parcel which contains one or two development rights, depending on whether this parcel contains 4 acres or more. The note on the plat stating that all development rights remain with the ownership of Tract B is superceded by this determination.

 

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 with the fee of $120.00. 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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