April 25, 2006

 

David W. Lewis

915 Tillman Road

Charlottesville, VA 22901

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 58, Parcel 3 (Property of David W. Lewis and Mary Alice Lewis) Section 10.3.1

 

Dear Mr. Lewis:

 

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 3C is comprised of three separate parcels. Parcel A, containing 19.9 acres has five (5) theoretical development rights. Parcel B, containing 0.55 acres has one (1) theoretical development right. Parcel C, containing 4.23 acres has two (2) theoretical development rights. Copies of the plats and a sketch showing the location of the parcels are enclosed. The basis for this determination follows. 

 

Our records indicate Tax Map 58, Parcel 3C contains 24.503 acres and two dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1708, page 470.

 

This analysis begins with the deed of record in Deed Book 295, page 250 that is dated May 15, 1951. This deed conveyed 19.9 acres from Hunter H. Garth and Freda S. Garth to Harry S. Deveneau and Anna A. Deveneau. The property is described as being part of the William Tilman Tract and by reference to a plat by Hugh F. Simms and Son, C.L.S. that is attached to the deed. This deed established the 19.9-acre tract as a lot of record. This parcel is designated as Parcel A on the enclosed sketch.

 

Deed Book 298, page 112, dated Novemebr 15, 1951, conveyed 19.9 acres from Harry S. Deveneau and Anna A. Deveneau to Charles Edward Mott and Anna B. Mott. The property is described as being the same property that was conveyed by the deed of record in Deed Book 295, page 250. This transaction had no effect on the status of the 19.9-acre parcel.

 

Deed Book 300, page 496, dated May 15, 1952, conveyed 0.55 acres from Estelle Henderson Hills and James E. Hills to Charles Edward Mott and Anna B. Mott. The property is described as being a part of a larger tract conveyed to Estelle Henderson Hills and by reference to a plat by O.R. Randolph, Engineer, dated May 10, 1952, that is attached to this deed. This deed established the 0.55-acre tract as a lot of record. This parcel is designated as Parcel B on the enclosed sketch.

 

Deed Book 326, page 96, dated May 15, 1952, conveyed 4.23 acres from Estelle Henderson Hills and James E. Hills to Charles Edward Mott and Anna B. Mott. The property is described as being a part of a larger tract conveyed to Estelle Henderson Hills and by reference to a plat by O.R. Randolph, Engineer, dated July 27, 1956, that is attached to this deed. This deed established the 4.23-acre tract as a lot of record. This parcel is designated as Parcel C on the enclosed sketch.

 

The most recent instrument for this property recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 511, page 160 and is dated July 21, 1972. The deed conveyed 24.503 acres from Charles Edward Mott and Anna B. Mott to David W. Lewis and Mary A. Lewis. The property is shown on a plat by Charles C. Townes, C.L.S. that is attached to the deed. The property is further described as being the same property is all respects conveyed by the deeds of record in Deed Book 298, page 112, Deed Book 300, page 496 and Deed Book 326, page 96. The County Real Estate Department combined the three parcels into one on the basis of the plat recorded with this deed. However, it is determined that the reference to the three deeds noted above preserved the separate identity of the three separate parcels. On the basis of this deed the 19.9-acre parcel has five (5) development rights, the 4.23-acre parcel has two (2) development rights and the 0.55-acre parcel has one (1) development right.

 

Deed Book 1054, page 569, dated May 25, 1989, conveyed 24.503 acres from David W. Lewis and Mary A. Lewis to Mary A. Lewis. The property is described as being the same property is all respects that was conveyed by the deed of record in Deed Book 511, page 160. This transaction had no effect on the development rights of the three parcels.

 

Deed Book 1708, page 470, dated May 14, 1998, conveyed 24.503 acres from Mary Alice Umstott Lewis to Mary Alice Lewis and David Warren Lewis as Trustees. The property is described as being the same property is all respects that was conveyed by the deed of record in Deed Book 1054, page 569. This transaction had no effect on the development rights of the three parcels.

 

The 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 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.

 

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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