HomeMy WebLinkAboutLOD200800006 Letter of Determination 2008-06-130
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone(434)296-5832 Fax (434) 972-4126
Maurice J. & Elizabeth Noelle Davis
6338 Hillsboro Lane
Crozet, VA 22932
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 55A,
Parcel 33 (Property of Maurice J. & Elizabeth Noelle Davis) Whitehall Magisterial
District
Dear Mr. Davis & Ms. Davis
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 55A, Parcel 33 is a parcel of record which has two (2) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 55A, Parcel 33 contains 5.79 acres and one dwelling.
The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 2534, page 179.
This analysis begins with the deed of record in Deed Book 676, page 801 that is dated
July 23, 1979. The deed contains a reference to a plat of Robert L. Lum, C.L.S., dated
July 10, 1979, which shows the parcel to be 5.79 acres in area and identifies it as Tax
Map 55A, Parcel 333his deed conveyed the 5.79 acres from William C. & Kathryne A.
Molyneux, husband and wife, to John M. & Betty L. Bollendorf, husband and wife. This
is also the most recent instrument for this parcel recorded prior to the adoption of the
Zoning Ordinance, December 10, 1980. Based on this deed, Tax Map 55A, Parcel
33 is determined to be a parcel of record with two (2) theoretical development
rights,
Deed Book 2220, page 361, dated June 3. 2002 is a Deed of Gift which conveyed the
5.79 acres from John M. and Betty L. Bollendorf, husband and wife, to Betty L.
Bollendorf. Trustee. The property is described as the same as was conveyed by Deed
Book 676, page 801. This transaction had no effect on the parcel.
Deed Book 2534, page 179, dated July 24, 2003, conveyed 5.79 acres from Betty L.
Bollendorf, Trustee, to Maurice J. Davis and Elizabeth Noelle D. Davis. The property is
described as being the same as was conveyed by Deed Book 2220, page 361. This
transaction had no effect on the parcel.
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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,
Sincerely_,��
Ronald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
I DEP7Ccmmjnirr, DeveirrjrmemvZoning & Current Development Div pionkDeterminatiors of Parcell20081 A-33, LOD _2008-
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