June 14, 2007

 

Donna Bennett

6430 Sugar Hollow Road

Crozet, Virginia, 22932

 

RE:  LOD 2007-006 OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 25, Parcel  21A  (Property of  James or Donna Bennett) Whitehall Magisterial District

 

Dear    Ms, Bennett:

 

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  25, Parcel 21A potentially has more theoretical development rights than are noted on the plat signed by the County on March 2, 1984. The basis for this determination follows. 

 

Our records indicate Tax Map 25, Parcel  21A  contains 83.327 acres and 1 dwelling. The property is  in the Sugar Hollow Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 792, page 640.

 

Deed Book 279  page 117, dated April 21, 1948, conveyed 80 acres from T.O Carr, Katie Carr Wood, Jennie Carr Woodson, Minnie Carr, Aubrey Carr, Margaret Carr Hulvey, Louise Carr Cantrell, Forest McAllister, Charlotte McAllister Shreckhise, John Shreckhise and Paul McAllister to David S. McLean.  The land is described as 80 acres being a portion of a 216 acre tract shown in Deed Book 99, page 337.

 

Deed Book  279  page 121, dated May 17, 1948, conveyed 72.75 acres from Sadie C and J.T. Wood to    David S. McLean.  The land is described as description of two lots containing 72.75 acres being lot 2 (68.75 acres and lot 3 (4) acres as shown on a plat in Deed Book 133, page 451.

 

Deed Book 294  page 455, dated March 14, 1951, conveyed 152.75 acres from David S. McLean and Marjorie McLean to William Stevens.  The land is described as three parcels.  80 acres being a portion of a 216 acre tract shown in Deed Book 99, page 337 being the same land as contained in Deed Book 279, page 117 and two lots containing 72.75 acres being lot 2 (68.75 acres and lot 3 (4) acres as shown on a plat in Deed Book 133, page 451 being the same land as contained in Deed Book 279, page 121.

 

Deed Book 352  page 359, dated September 2, 1959, conveyed 152.75 acres from William T. Stevens and Anne L. Stevens to George W. and Izetta V. Speck.  The land is described as three parcels being the same as contined in Deed Book 294, page 455.  80 acres being a portion of a 216 acre tract shown in Deed Book 99, page 337 and two lots contianing 72.75 acres being lot 2 (68.75 acres and lot 3 (4) acres as shown on a plat in Deed Book 133, page 451 being the same land as contained in Deed Book 279, page 121.

 

Deed Book 453  page 526, dated January 21, 1969, conveyed 152.75 more or less acres from George W. and Izetta V. Speck to C. George Speck.  The land is described as 152.75 acres more or less made up of three parcels contained in Deed Book 352, page 359.

 

Deed Book 767  page 745, dated June 17, 1983, conveyed 166.654 acres from George Speck to James Bennett and Donna Bennett and Joseph Strickler and Bonnie Strickler.  The land is described as 166.654 acres as shown on "Plat showing C. George Speck Property, White Hall District, Albemarle County Virginia." Being the same land as contianed in Deed Book 453, page 526.  The difference in acreage from prior conveyances is due to a modern survey being performed.

 

Deed Book 792  page 640, dated March 19, 1984, conveyed 2 lots of 83.327 acres from James Bennett and Donna Bennett and Joseph Strickler and Bonnie Strickler to James Bennett and Donna Bennett and Joseph Strickler and Bonnie Strickler.  The land is described as Lot A - 83.327 acres to Joseph Strickler and Bonnie Strickler and Lot B - 83.327 acres to James Bennett and Donna Bennett.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance December 10, 1980, is recorded in Deed Book  453, page  526, and is dated  January 21, 1969. The deed conveyed  152.75 acres known as Tax Map  25, Parcel  21.   Based on this deed, Tax Map  25, Parcel  21 (as it existed on December 10, 1980) is determined to be three parcels of record with  12 development rights.

 

Tax Map 25, Parcel 21 (as it existed on December 10, 1980) consisted of three parcels as described above.  These three parcels were first conveyed in a single document in Deed Book 294  page 455.  The division of Parcel 21 that occurred in Deed Book 792  page 640 includes a plat that assigned development rights to the two parcels created from Parcel 21.  This plat assumed that Parcel 21 consisted of a single parcel and that only 5 development rights were available.  However, Parcel 21 consisted of three parcels each with development rights.  The assignment of development rights is a follows:

 

  1. 80 acres being a portion of a 216 acre tract shown in Deed Book 99, page 337 5 development rights.
  2. Lot 2 (68.75 acres) as shown on a plat in Deed Book 133, page 451 5 development rights.
  3. Lot 3 (4 acres) as shown on a plat in Deed Book 133, page 451 2 development rights.


In order to reassign these development rights between the two parcels created by Deed Book 792  page 640 you will need to submit a revised plat for review and approval by the County.  This plat will have to be signed by the owners of both parcels.  This plat will need to show the boundaries of the three parcels as they existed on December 10, 1980. 

 

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,

 

 

 

William D. Fritz, AICP

Chief of Zoning

 

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