January 5, 2006

 

Jessie T. Hook

1919 Blue Ridge Road

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 84, Parcel 11B (Property of Edward W. Hook, Jr. Revocable Trust, Jessie T. Hook Sole-Acting Trustee) Section 10.3.1

 

Dear Ms. Hook:

 

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 84, Parcel 11B is comprised of two separate parcels. Parcel A contains the residue of a 115.5-acre parcel and has four (4) theoretical development rights. Parcel B contains the residue of a 12.5-acre parcel. Parcel B contains approximately 7 acres and has an estimated three (3) theoretical development rights. The actual number of development rights must be determined by a survey. The basis for this determination follows. 

 

Our records indicate Tax Map 84, Parcel 11B contains 120.131 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1786, page 302.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 355, page 297 and dated October 26, 1959. The deed conveyed approximately 125.8 acres from William B. Mawyer and Betty Jean Mawyer to Clarence H. Fox and John T. Fox. The property is described as being a tract of 115.5 acres designated as Lot 2 on a plat recorded in Deed Book 83, page 111 and all of a tract of 12.5 acres shown on a plat of record in Deed Book 117, page 306 except a portion containing 1.75 acres conveyed by the deed of record in Deed Book 159, page 304. Copies of the referenced plats showing the 115.5-acre parcel and the 12.5-acre parcel are enclosed. On the basis of this deed the 115.5-acre tract is determined to be a parcel of record with five (5) development rights.

 

Deed book 388, page 120, dated April 24, 1963, conveyed 2 acres from Clarence H. Fox & Alma V. Fox and John T. Fox & Margaret C. Fox to Ellis Tilman Fox. The property is described as a portion of the property containing 12.5 acres conveyed by the deed of record in Deed Book 355, page 297. This parcel is designated as Parcel 11A on Tax Map 84. This residue of the 12.5-acre parcel is calculated to contain 8.75 acres. (12.5 1.75 2 = 8.75) On the basis of this deed the 8.75-acre tract is determined to be a parcel of record with four (4) development rights.

 

Deed Book 766, page 617, dated June 23, 1983, contains a deed of partition between the heirs of Clarence H. Fox. As part of this transaction, John T. Fox and Margaret C. Fox acquired a fee simple title to the 123.75 acre parcel, being the residue of the larger tract conveyed by the deed of record in Deed Book 355, page 297. This transaction had no effect on the legal status of the parcels that comprise Parcel 11B or on their development rights.

 

Deed Book 956, page 87, dated July 31, 1987, conveyed 120.131 acres from John T. Fox and Margaret C. Fox to Edward W. Hook, Jr. and Jessie T. Hook. The parcel is described as being the same land acquired by John T. Fox by the deeds of record in Deed Book 355, page 297 and Deed Book 766, page 617 except for the 3-acre parcel shown on the plat by Gary Whelan, dated July 24, 1987. The plat notes that 4 development rights remain. The plat notes that there are 4 development rights remaining with Parcel 48. However this parcel contains portion of both Parcel A and Parcel B. When this subdivision was approved there was no recognition of Parcel B as a separate parcel. Therefore, it is possible that Parcel 11 does not contain a 2-acre kernel from either Parcel A or Parcel B. Technically, that is a violation of the Zoning Ordinance. For the purpose of this analysis, and in light of the fact that Parcel 11 was created with County approval, it is determined that the development right for Parcel 11 is derived from Parcel A. As a result of this transaction the acreage of Parcels A and B was reduced. Parcel A retains four development rights. The development rights of Parcel B are not effected by the transaction. Please note that the assignment of the kernel from Parcel A does not affect the total number of development rights of Parcels A and B.

 

Deed Book 1132, page 5, dated November 20, 1990, conveyed 120.131 acres from Edward W. Hook, Jr. and Jessie T. Hook to Edward W. Hook, Jr. The parcel is described as being the same land conveyed by the deed of record in Deed Book 956, page 87.  This transaction had no effect on the development rights of Parcel 11B.

 

Deed Book 1786, page 302, dated January 20, 1999, conveyed 120.131 acres from Jessie T. Hook, Executor of the Estate to Edward W. Hook, Jr. to Jessie Hook, Sole-Acting Trustee. The parcel is described as being the same land conveyed by the deed of record in Deed Book 1132, page 5.  As a result of this transaction Parcel 11B contained 120.131 acres and four development rights.

 

The parcel is 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 parcel 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

 

 

Copy: Gay Carver, Real Estate Supervisor

           Ella Carey, Clerk to the Board of Supervisors

           McChesney Goodall, ACE Coordinator

 

 

Enclosed:   Sketch of 2 original parcels of record

                   Sketch of 2 original parcels of record on 12/10/1980

                   Sketch of current parcels

                   Original plats

 

TM/P

ACREAGE

DEVELOPMENT RIGHTS

DIVISION RIGHTS  @ 21 ACRES

84-11B  A

114 estimated

4

4*

84-11B  B

7

3

0

 

* Parcel A would have 5 division rights if the property was determined to contain 115 acres.

 

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