July 7, 2006

 

Brian S. Ray, LS

1717-1B Allied Street

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 57, Parcel 81B (Property of Stillman F. Kelley II Trust) 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 57, Parcel 81B is comprised of two separate parcels. The 6.7-acre portion is a separate parcel with three (3) theoretical development rights. The 22.7-acre portion is a separate parcel with six (6) theoretical development rights. Five development rights are associated with the 20-acre parcel and one development right is associated with the 2.7-acre residue added to the parcel from a 17.5-acre parcel that is identified as Tax Map 58, Parcel 8A. The basis for this determination follows. 

 

Our records indicate Tax Map 57, Parcel 81B contains 29.400 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1451, page 611.

 

This analysis begins with the plat of record in Deed Book 117, page 31 that is dated August 1896 made by John T. E. Simms. The plat shows 2 lots; one containing 17.5 acres and the other containing 37.5 acres. The 37.5-acre parcel is not part of this determination. The 2.7-acre portion of Parcel 81B is derived from the 17.5 acre parcel. This deed established the 17.5-acre lot as a parcel of record.

 

Deed Book 233, page 340, dated August 17, 1936, conveyed strips of land from Emily Thelen to the Commonwealth of Virginia. The property is described as containing 0.23 acres. Roger Ray has determined that this take was part of the 17.5-acre parcel described above.

 

Deed Book 247, page 74, dated June 5, 1940, conveyed 12.4 acres from J. Fendol Garth & Edith W. Garth, Ruby L. Garth, Lizzie G. Kemper & B. P. Kemper, Bernard A. Garth and E. B. Garth & Vada H. Garth to Hunter H. Garth and to H. W. Walsh & L. W. Wood, Trustees. The property is shown on a plat made by Hugh F. Simms dated June

1940. The 6.7-acre portion of Parcel 81B is derived from the 12.4 acre parcel This deed established the 12.4-acre lot as a parcel of record.

 

Deed Book 247, page 80, dated June 5, 1940, conveyed property from J. Fendol Garth & Edith W. Garth, Ruby L. Garth, Lizzie G. Kemper & B. P. Kemper, Bernard A. Garth and E. B. Garth & Vada H. Garth to Bernard A. Garth and to H. W. Walsh & L. W. Wood, Trustees. The property is described as containing 3 tracts, one containing 12 acres, another containing 34.65 acres and a third containing 20 acres. The deed contains a plat of a 20-acre parcel made by Hugh F. Simms dated June 1940. This parcel is the 20-acre portion of Parcel 81B. The deed established the 20-acre parcel as a parcel of record.

 

Deed Book 257, page 207, dated June 3, 1943, conveyed 9.7 acres from Hunter H. Garth and Freda S. Garth to Bernard A. Garth. The property is described by metes and bounds and as being a portion of the 12.4-acre parcel conveyed by the deed of record in Deed Book 247, page 74.

 

Deed Book 265, page 230, dated November 3, 1945, conveyed 2 tracts from Bernard A. Garth to C. E. Haines and Althea T. G. Haines. One parcel is described as containing 20 acres and by reference to Deed Book 247, page 80. The other is described as adjoining the above described real estate and as containing 9.7 acres. It is further described by metes and bounds and by reference to Deed Book 257, page 207.

 

Deed Book 267, page 226, dated March 6, 1946, conveyed 3 acres from C. E. Haines and Althea T. G. Haines. The property is shown on a plat made by Hugh F. Simms and Son, dated February 1946. It is further described as being a portion of the 9.7-acre parcel conveyed by the deed of record in Deed Book 265, page 229. This transaction established the residue of the original 12.4-acre tract, containing 6.7 acres as a parcel 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 298, page 542 and is dated January 30, 1952. The deed conveyed 5 tracts from Arthur L. Dorsey and Hazel M. Dorsey to Stillman F. Kelley, 2nd and Katherine N. Kelley. Three of the parcels are subjects of this determination and are described as follows:

 

A certain tract called Harkendale containing 17.5 acres shown on the the plat recorded in Deed Book 117, page 29, except a 0.23-acre strip of land conveyed by the deed recorded in Deed Book 233, page 340.

 

A certain tract between between the old and new Route 250 containing 20 acres described on a plat recorded in Deed Book 247, page 84.

 

A certain tract adjoining the tract described immediately above containing 6.7 acres, being a part of a larger tract of 9.7 acres described in Deed Book 265, page 229 after the off conveyance of 3 acres by the deed of record in Deed Book 267, page 225.

 

It is determined that this deed established each of these tracts as parcels of record with a full compliment of development rights. The 17.5-acre parcel

contained 5 development rights. The 20-acre parcel contained 5 development rights. The 6.7-acre parcel contained 3 development rights.

 

Deed Book 754, page 384, dated December 6, 1982, conveyed 8.46 acres from Stillman F. Kelley, II and Pricilla Kelley to Thomas E. Hutchinson. The property is shown on a plat by Frank A. Gregg, CLS, dated December 1982. It is described as a portion of the property conveyed by the deed of record in Deed Book 298, page 542. The plat indicates that this is a portion of the 17.5-acre parcel described above. The plat created a 2.7-acre residue on the west side of Route 738 that is added to the 20-acre portion of Tax Map 57, Parcel 81B. The development rights associated with the property were not allocated on this plat. This transaction increased the size of the 20-acre parcel to 22.7 acres. It had no effect on the development rights of either of the subject parcels.

 

Deed Book 3046, page 326 contains a certificate of plat recorded on August 2, 2005. The purpose of the plat is to allocate the development rights associated with Tax Map 58, Parcels 8, 8A, 8A1. The plat assigned 1 development right to the 2.7 acres that were added to Tax Map 57, Parcel 81B by the deed recorded in Deed Book 754, page 386. As a result of this transaction the 22.7-acre parcel contained 6 development rights; 5 are associated with the original 20-acre parcel and 1 is associated with the 2.7-acre portion of the 17.5-acre parcel. This transaction had no effect on the 6.7-acre parcel.

 

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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