December 30, 2003

 

Samuel Hill

7670 Scottsville Road

Scottsville, VA 24590

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 130, Parcel 17B (Property of Samuel Hill) Section 10.3.1

 

Dear Mr. Hill:

 

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 130, Parcel 17B is a separate parcel with five (5) development rights. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 130, Parcel 17B contains 145.21 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 883, page 626.

 

This analysis begins with Deed Book 359, page 485, dated June 24, 1960. This deed conveyed 145.69 acres from Mortimer A. Wilson and Elinor H. Wilson to Earl D. Roberts and Winifred B. Roberts. The property is more particularly described by a plat by O. R. Randolph, dated June 21, 1960 that is attached to this deed.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book Deed Book 684, page 745 and is dated August 29, 1979. This deed conveyed 1.04 acres from Earl D. Roberts and Winifred B. Roberts to the Commonwealth of Virginia. This property is conveyed for the right of way of Route 20. The property is described as being a part of the same land acquired by the grantor from Mortimer A. and Elinore H. Wilson by the deed recorded in Deed Book 359, page 485. Based on this deed, Tax Map 130, Parcel 17B is determined to be a parcel of record with five (5) theoretical development rights.

 

The deed noted that 0.56 acres is included in the existing right of way and 0.48 acres is additional land. The Real Estate Department reduced the acreage by 0.48 acres rather than 1.04 acres. The County’s real estate records will be revised to show that Parcel 17B contains 144.65 acres rather than 145.21 acres.

 

Deed Book 883, page 626, dated June 16, 1986, conveyed property from Earl D. Roberts and Winifred B. Roberts to Samuel Hill. The property is described as containing the 145.69 acres shown on the plat by O.R. Randolph recorded in Deed Book 359, page 487, less and except strip of land conveyed to the Commonwealth by the deed recorded in Deed Book 684, page 745. This transaction had no effect on the property’s status as a parcel or on development rights.

 

This parcel is 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 the 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 130-17B	144.65	6	5

 

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