HomeMy WebLinkAboutACE200700002 Correspondence Letter of Determination 2008-01-03pF ALA
RGZN P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
January3, 2008
Yates Carr Garnett
Trustee, C Mercer Garnett Jr. Trust Agreement
977 Woodlands Road
Charlottesville, VA 22901
Fax(434)972 -4126
RE: LOD- 2007 -00040 OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS -- Tax IVlap 44, Parcel 4J & 4K (Property of C MERCER
GARNETT JR. TRUST AGREEMENT — YATES CARR GARNETT TRUSTEE) White
Hall Magisterial District
Dear Mrs. Garnett:
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 44, Parcels 4J and 4K are parcels of record and have collectively a total of ten
10) theoretical development rights, as outlined in the following table:
Tax Map - Parcel Acreage Development Ri hts
TMP 44 -4J 21.5 Acres 5
TMP 44 -41K 50.00 Acres 5
Total 10
The basis for this determination follows:
Tax Map 44 Parcel 4J
Our records indicate Tax Map 44, Parcel 4J contains 21.5 acres and zero (0) dwellings.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1711, page 144.
This analysis begins with the deed of record in Deed Book 692, page 829 that is dated
May 1, 1980. This deed is most recent instrument for this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980. The deed contains a plat which
created 5 (five) parcels. Tax Map 44, Parcel 4J is shown as Parcel D which contained
21.5 acres. Based on this deed, Tax Map 44, Parcel 4J is determined to be a
parcel of record with five (5) development rights.
Deed Book 1457, page 124, dated February 7, 1995, gifted 21.5 acres from C. Mercer
Garnett, Jr. and Yates Carr Garnett to C. Mercer Garnett, Jr. The property is described
as being the same as was conveyed by Deed Book 692, page 829. This transaction
had no effect on the parcels.
Deed Book 1711, page144, dated April 28, 1998, conveyed 21.5 acres from C. Mercer
Garnett, Jr. and Yates Carr Garnett, Trustee of the C. Mercer Garnett, Jr. Trust
Agreement to Yates Carr Garnett, Trustee of the C. Mercer Garnett, Jr. Trust
Agreement. The property is described as being the same as was conveyed by Deed
Book 1457, page 124. This transaction had no effect on the parcels.
Tax Map 44 Parcel 4K
Our records indicate Tax Map 44, Parcel 4K contains 50.00 acres and zero (0)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1711, page 144.
This analysis begins with the deed of record in Deed Book 692, page 829 that is dated
May 1, 1980. This deed is most recent instrument for this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980. The deed contains a plat which
created 5 (five) parcels. Tax IVlap 44, Parcel 4K is shown as Parcel E which contained
50.00 acres. Based on this deed, Tax Map 44, Parcel 4K is determined to be a
parcel of record with five (5) development rights.
Deed Book 1457, page 124, dated February 7, 1995, gifted 50.00 acres from C. Mercer
Garnett, Jr. and Yates Carr Garnett to C. Mercer Garnett, Jr. The property is described
as being the same as was conveyed by Deed Book 692, page 829. This transaction
had no effect on the parcels.
Deed Book 1711, page144, dated April 28, 1998, conveyed 50.00 acres from C. Mercer
Garnett, Jr. and Yates Carr Garnett, Trustee of the C. Mercer Garnett, Jr. Trust
Agreement to Yates Carr Garnett, Trustee of the C. Mercer Garnett, Jr. Trust
Agreement. The property is described as being the same as was conveyed by Deed
Book 1457, page 124. This transaction had no effect on the parcels.
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
2
Ronald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
3
Page 1 of 1
October 30, 2007
County of Albemarle
Department of Building Code and Zoning Services
401 McIntire Road
Charlottesville, Va 22902
This letter accompanies an application for Development Rights Determination as requested to
complete an ACE application for property described below.
Parcel 1) TM 44 -4J (also known as Parcel D)
Assume 5 development rights as no division or development has occurred on this
parcel
2) TM 44 -4K (also known as Parcel E)
Assume 5 development rights as no division or development has occurred on this
parcel
I am a trustee of the C. Mercer Garnett, Jr. Trust, owner of these two parcels. The requested
deeds and plats are attached.
Thank you.
414 Zq,,z7& ke-
Leigh Garnett Moon, Trustee
C. Mercer Garnett, Jr., Trust
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