January 20, 2004

 

Brian G. Scruby

P.O. Box 83

Greenwood VA 22943

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 54, Parcel 72A, Tax Map 55, Parcel 14 and Tax Map 69, Parcel 39A  (Property of Brian G. Scruby) Section 10.3.1

 

Dear Mr. Scruby:

 

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 54, Parcel 72A is a special lot appurtenant to Parcel 14 created for the purpose of access. It has no development rights. Tax Map 55, Parcel 14 is a parcel of record with five (5) theoretical development rights. Tax Map 69, Parcel 39A is a parcel created in 1992 with two (2) theoretical development rights. The basis for this determination is summarized as follows:

 

Tax Map 54, Parcel 72A 

 

Our records indicate Tax Map 54, Parcel 72A contains 1.100 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1868, page 598.

 

Deed Book 1190, page 74, dated March 6, 1991, conveyed 1.1 acres from the Commonwealth of Virginia to F. Bradley Peyton, III, Brian G. Scruby, Ralph E. Scruby and Francis L. Scruby. The property is shown on the revised plans for Route 64 between Station 1734+40 and Station 1739 + 70. The zoning ordinance in effect at the time of this transaction required that a new development lot in the Rural Areas meet certain requirements, including a minimum area of two acres, a building site, a development right assigned from a lot of record and County approval. This parcel meets none of these criteria. Rather, this transaction created this parcel as a special lot, for the express sole purpose of access for the southern portion of Parcel 14 to Route 690. This lot is in a class with well lots, cemetery lots and other special use lots created for a specific limited purpose.

 

Deed Book 1868, page 598, dated October 20, 1999, conveyed 1.1 acres from Gertrude Breckenridge Peyton, Francis Bradley Peyton IV, Bayne P. Russel, Scott B. Peyton, individually and as Co-Executors of the Estate of F. Bradley Peyton III and as Trustees of the F. Bradley Peyton Trust to Brian Scruby. The land is the same as was conveyed by the deed in Deed Book 1190, page 74 and shown in the Highway Plat Book XI, page 238 for a further description. Based on the circumstances of the creation of this lot it is determined that Tax Map 54, Parcel 72A was established for the sole purpose of access to Route 690 and therefore, does not have a development right.

 

Tax Map 55, Parcel 14            

 

Our records indicate Tax Map 55, Parcel 14 contains 43.510 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1219, page 707.

 

Deed Book 135, page 149 contains an order, dated March 16, 1907 that partitions the land of Mrs. Julia B. Shirley in accord with her will. The land is shown to contain 162 acres, 2 roods and 37 poles on a survey by J. R. Furguson that is attached to the deed.

The Court assigned Lot 2, containing 57- 50/160 acres to C. B. Shirley. This tract is now identified as T.M. 55-14.

 

Deed Book 426, page 564, dated March 9, 1967, is a Certificate of a taking of 13.93 acres by the State Highway Commissioner from Clara G. Shirley. The taking was for the acquisition of right of way for Route 64. The land taken is described as Parcel A containing 13.69 acres and Parcel B containing 0.3 acres. Although the property was physically separated by Route 64 as a result of this transaction, it was not legally separated. This finding is based on the Virginia Supreme Court’s decision in Chesterfield County v. Stigall, 262 Va, 697 (2001). Stigall requires, at a minimum, that each lot separated by a public road must be identified on a recorded plat or legal description as a separate lot to qualify as a lot of record as defined in Section 10.3. Therefore, it is determined that Parcel 14 is a single parcel of record with five (5) development rights.

 

Tax Map 69, Parcel 39A

 

Our records indicate Tax Map 69, Parcel 39A contains 56.889 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1785, page 244.

 

This analysis begins with Deed Book 210, page 588, dated October 15, 1930. This deed conveyed 7 Ύ acres from C. B. Shirley and Clara G. Shirley to Ben D. Showers. The parcel is shown on a plat that is attached to the deed. The 7.75-acre tract now is comprised of Parcel 40 and 40A on Map 69. As a result of this off-conveyance, the original Parcel 39 is determined to have been divided into three separate tracts. The acreage of these tracts is not indicated in the deed. This is in accord with the determination by the Zoning Administrator, dated November 18, 1992, that Parcel 39 was then found to be two tracts as follows: The western parcel containing 25.318 acres and the eastern parcel containing 126.27 acres.  The 7.75-acre parcel is situated between these two tracts. It is on the basis of this deed that the western portion of Parcel 39, now comprised of T.M. 69- 39A and T.M. 70– 33A, is determined to be a lot of record per section 10.3.

 

Deed Book 1274, page 463 contains a Deed of Partition and Gift that is dated November 12, 1992. It is between Francis Shirley Scruby & Ralph Edwin Scruby, Brian Gray Scruby and Timothy Mark Scruby & Alice Rowe Scruby, Grantors and Grantees. The purpose of this deed is to divide the Grantors’ proportional interest in a tract that contained 151.588 acres and was identified as Tax Map 69, Parcel 39 into clearly defined fee simple estates. The particular parcels described in this deed are shown on an attached plat by S. L. Key, dated November 12, 1992 and revised on November 24, 1992.  The parcel is divided as follows:

 

94.699 acres were conveyed to Timothy Mark Scruby and Alice Rowe Scruby. The land is described as Parcel Y containing 69.381 acres (TM 70-33A) and Residue containing 25.318 acres (TM 69-39). The plat allocated 3 development rights to Parcel Y and noted that the residue retained 5 development rights.

 

56.889 acres were conveyed to Brian Gray Scruby. The land is described as Parcel X on S.L. Key’s plat. (TM 69-39A) The plat allocated 2 development rights to Parcel X.

 

The Grantors conveyed to Francis Shirley Scruby an undivided 43% interest in the 56.889 acre tract.

 

The Grantors also conveyed to Ralph Edwin Scruby an undivided 51% interest in the 56.889 acre tract.

 

As a result of this transaction, TM 70-33A had 69.381 acres and 3 development rights. TM 69-39 had 25.318 acres and 5 development rights. TM 69-39A had 56.889 acres and 2 development rights.

 

These parcels are entitled to the noted development rights if all other applicable regulations can be met. 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

 

Copies:  McChesney Goodall, Coordinator of ACE Program

    Gay Carver, Real Estate Department

               Ella Carey, Clerk Board of Supervisors

               Reading Files

 

TM-P

Acreage

Division rights for 21 acre minimum parcels

Development rights

TM 54-72A

1.1

0

0

TM 55-14

43.510

0

5

TM 69-39A

56.889

2

2

TOTAL

106.255

2

7

 

Enclosed : 1980 and 2002 Tax Maps

                  Gift deeds that conveyed fractional ownership interests

 

 

 

 

These are deeds of gift that conveyed fractional interests in the referenced parcels. None of these transactions had any effect on the status of these parcels or their development rights.

 

Deeds in file

 

DB/p

Date

From

To

TM/P

Percentage

1081 – 335

11/20/89

Frances S.

Ralph S.

54 - 71

55 – 14

69-39

 

50%

1/6

25%

1219 – 700

2/7/92

Ralph S.

Timothy & Alice

54-71

10%

1219 – 703

2/7/92

Frances S.

Timothy & Alice

54-71

10%

1525 – 216

3/20/96

Frances & Ralph

Timothy & Alice

54 – 71

7.5%

1081 – 339

11/20/89

Ralph S.

Brian

55 – 14

5%

1081 – 348

11/20/89

Frances S.

Brian

55 – 14

5%

1090 –284

1/25/90

Ralph S.

Brian

55 – 14

5%

1090 – 287

1/25/90

Frances + Ralph

Brian

55 – 14

5%

1219 – 687

2/7/92

Ralph

Brian

55 –14

54 – 72A

2.67%

2.67%

1219 -  690

2/7/92

Frances

Brian

55 –14

54 – 72A

2.67%

2.67%

 

 

 

 

 

 

1081  - 342

11/20/89

Ralph S.

Timothy & Alice

69 - 39

4%

1081  - 345

11/20/89

Frances S.

Timothy & Alice

69 - 39

4%

1090 – 290

1/25/90

Frances S.

Timothy & Alice

69 - 39

4%

1219 – 694

2/7/92

Ralph S.

Brian

69 – 39

1%

1219 – 697

2/7/92

Frances S.

Brian

69 – 39

1%

1785 – 244

1/27/99

Frances

Brian

69 – 39

5.5%

 

 

 

 

 

 

Deeds not in file but referenced in 1785/245

 

 

 

 

 

1274 – 643

11/12/92

 

 

 

6%

1308 – 643

1/2/93

 

 

 

7.5

1308 – 652

1/2/93

 

 

 

7.5

1385 – 286

2/10/94

 

 

 

6%

1385 – 289

2/10/94

 

 

 

6%

1458 – 318

3/9/95

 

 

 

6%

1458 – 327

3/9/95

 

 

 

6%

1525 – 210

3/20/96

 

 

 

6%

1525 – 213

3/20/96

 

 

 

6%

1591 – 482

1/29/97

 

 

 

6%

1591 – 485

1/29/97

 

 

 

?%

1672 – 608

1/22/98

 

 

 

?%

1672 – 611

1/22/98

 

 

 

6%

WB 92 –167

 

 

 

 

13.5%

 

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