August 17, 2005

 

Brian S. Ray

Roger W. Ray and Assoc., Inc.

1717-1B Allied Street

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 20, Parcel 34 (Property of Clara Lindsay Estate and Katherine V. Banks c/o Tyrone Lindsay ) 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 20, Parcel 34 is comprised of three separate parcels.

 

Tract One contains 15.15 acres and five (5) development rights.

Tract Two contain 5.7 acres and two (2) development rights. 

Tract Three contains 5.31+/- acres and two (2) development rights.

 

The basis for this determination follows.

 

Our records indicate Tax Map 20, Parcel 34 contains 26.090 acres and no dwellings. The property is in the Chalk Mountain Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2628, page 464.

 

The most recent deed for the 15.15-acre portion of this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 102, page 92 and is dated March 28, 1891. This deed conveyed 15.15 acres from Zane Marshall and Eliza Marshall to Ellis Lindsay. The property is described by metes and bounds and is shown on the enclosed sketch by Roger W. Ray and Associates, Inc.

Based on this deed, this 15.15-acre parcel is a lot of record with five (5) development rights.

 

The most recent deed for the 5.7-acre portion of this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 120, page 17 and is dated October 19, 1899. This deed conveyed 5.7 acres from R. B. Fray and Mary L. Fray to Ellis Lindsay. The property is described by a plat by J. R. Ferguson that is dated April 22, 1899 and is shown on the enclosed sketch by Roger W. Ray and Associates, Inc. Based on this deed, this 5.7-acre parcel is a lot of record with two (2) development rights.

 

The analysis for the 5.31-acre portion of this parcel begins with the deed of record in Deed Book 166, page 4 and dated January 8, 1917. This deed conveyed 8 acres, 1 rood and 11 poles (8.32 acres) from R. B. Fray and Sallie Fray to Ellis Lindsay. The property is described by metes and bounds and is shown on the enclosed sketch by Roger W. Ray and Associates, Inc.

 

The most recent deed for the 5.31-acre portion of this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 468, page 14 and is dated December 8, 1969. This deed conveyed 3.01 acres from the heirs of Ellis Lindsay to George I. Lindsay and Edna F. Lindsay. The property is described as being a portion of the land acquired by Ellis Lindsay at Deed Book 166, page 4. The 3.01-acre lot is shown on a plat by Crawford and Funk dated December 5, 1969. As a result of this transaction the residue of the original 8.32-acre parcel contained 5.31 acres. Based on this deed, this 5.31-acre residue is a lot of record with two (2) development rights.

 

Deed Book 2628, page 464, dated October 21, 2003, conveyed three tracts of land from Oralea Lindsay to Katherine V. Banks. Tract One is described as containing 15.15 acres and is further described by reference to Deed Book 102, page 92. Tract Two is described as containing 5.7 acres and is further described by reference to Deed Book 120, page 17.  Tract Three is described as containing 8 acres, more or less, except a parcel containing 3.01 acres. The parcel is further described by reference to Deed Book 166, page 4 and Deed Book 468, page 14.  This transaction had no effect on the legal status or development rights of these three separate parcels.

 

These parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcels with which they are associated. 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 the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has 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

 

Return to consent agenda
Return to regular agenda