December 30, 2003

 

Henry C. Page, Jr.

4000 Pagebrook Farm

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 73, Parcel 24 (Property of Henry C. Page, Jr.) Section 10.3.1

 

Dear Mr. Page:

 

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 73, Parcel 24 is a separate parcel with five (5) development rights. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 73, Parcel 24 contains 558.9 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 369, page 329.

 

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 369, page 329, dated June 9, 1961. This deed conveyed a one-half undivided interest in 558 acres from Jack F. Page to Henry C. Page Jr. The property is described as being the same property in which a ½ undivided interest was conveyed to the party of the first part by the deed of C. Vest Wingfield dated September 21, 1942 and recorded in Deed Book 255, page 378. That deed conveyed 672 acres. This deed (369/329) also referenced a deed dated October 1, 1942 and recorded in Deed Book 255, page 382, in which the party of the first part along with Henry C. Page, Sr. conveyed 113.1 acres off to William G. Page. That deed contains a plat by Hugh Simms, dated September 1942. There have been no off-conveyances since this transaction. Based on this deed (369/329), Tax Map 73, Parcel 24 is determined to be a parcel of record with five (5) theoretical 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 73-47	558.9	26	5

 

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