December 30, 2003

 

James M. and Mary H. Shifflett

7819 Saint Claire Lane

Baltimore, ND 21222

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 7, Parcel 25 (Property of James M. and Mary H. Shifflett) Section 10.3.1

 

Dear Mr. And Ms. Shifflett:

 

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 7, Parcel 25 is a separate parcel with five (5) development rights. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 7, Parcel 25 contains 61.6 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 761, page 163.

 

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 292, page 304, dated November 6, 1950. This deed conveyed 61.6 acres from Thomas Shiflett to James Monroe Shiflett. Thomas Shiflett, the Grantor, retained a life estate in the property. This deed also conveyed a life estate to Loumonia Shiflett, wife of the Grantor. There have been no off-conveyances since this transaction. Based on this deed, Tax Map 73, Parcel 24 is determined to be a parcel of record with five (5) theoretical development rights.

 

Deed Book 761, page 163, dated April 18, 1983, conveyed 61.6 acres from James Monroe Shifflett to James Monroe Shifflett and Mary H. Shifflett. The tract is further described as being the same property as was conveyed to James Monroe Shifflett by the deed recorded in Deed Book 292, page 304.  This transaction had no effect on the status of this parcel or 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 7-25	61.6	2	5

 

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