June 12, 2006

 

Brian S. Ray, LS

1717-1B Allied Street

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 49, Parcel 5 (Property of Charles F. Taylor and William F. Taylor ) 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 49, Parcel 5 is comprised of two separate parcels. The residue of the original 49.31- acre parcel, containing 47.307 acres +/-, has four (4) development rights. The 3.62-acre parcel has one (1) development right. The basis for this determination follows. 

 

Our records indicate Tax Map 49, Parcel 5 contains 50.783 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 2540, page 138.

 

This analysis begins with a partition suit dated June 23, 1970 that is recorded in Deed Book 474, page 155.  The decree ordered Parcel A and Parcel C to be allotted to Fred Taylor and and Parcel B to be allotted to J. M. Taylor. The parcels are shown on a plat of William S. Roudabush dated May 1969. The plat shows that A contains 49.31 acres and Parcel C contains 3.62 acres. This decree of partition established these two parcels as separate lots of record.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 477, page 106 and is dated September 8, 1970. The deed conveyed a joint life estate in 52.93 acres from Fred Taylor to himself and Frances C. Taylor. The property is described by reference to the deed of record in Deed Book 474, page 155. On the basis of this deed the 49.31-acre tract is determined to be a parcel of record with five (5) development rights. The 3.62-acre tract is determined to be a parcel of record with one (1) development right.

 

Deed Book 1702, page 486, dated May 11, 1998, conveyed three parcels from Alice Frances Taylor and Charles F. Taylor to William F. Taylor. Parcel 3 is described as containing 52.93 acres and by reference to Deed Book 477, page 105. This transaction had no effect on the development rights of either of the two parcels that are the subject of this determination.

 

Deed Book 2540, page 138, dated July 25, 2003, conveyed 2.003 acres from Charles F. Taylor & Nancy L. Taylor and William F. Taylor & Pattie W. Taylor to Troy A. Leathers & Lynn T. Leathers. The lot is described as being a portion of the property conveyed by the deed of record in Deed Book 1702, page 486 and is shown on a plat by Robert W. Coleman, Jr. that is dated June 4, 2003. The plat notes that the residue retains 4 development rights which cannot exceed 28.997 acres. As a result of this transaction

the residue of the original 49.31- acre parcel, containing 47.03 +/- acres, has four development rights.

 

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. 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

 

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