HomeMy WebLinkAboutLOD200700008 Review Comments No Submittal Type Selected 2007-05-23COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 23 2007
Cliff Kavanaugh
300 Preston Ave.
Suite 500
Charlottesville, VA 22902
RE: LOD 2007-008 OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS -- Tax Map118, Parcel 8 (Property of Victor I and Audur
V Kugajevsky) Section 10.3.1
Dear Mr. Kavanaugh:
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 Map118, Parcel 8 consists of two parcels each with 5 theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 118, Parcel 8 contains 355 acres and zero dwellings.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 570, page 188.
This analysis begins with the deed of record in Deed Book 570, page 188 that is dated
March 15, 1975. The deed contains a description of the land transferred as containing
355 acres consisting of a 305 acre tract and a 50 acre tract.
Deed Book 537 page 597, dated September 7, 1973, conveyed 355 acres from
Lynwood Good to State Wide Realty Company. The land is described as being the
same containing 355 acres consisting of a 305 acre tract and a 50 acre tract.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 570, page 188, and is dated
March 15, 1975. The deed conveyed 355 acres known as Tax Map118, Parcel 8.
Based on this deed, Tax Map 118, Parcel 8 is determined to be two parcels of
record each with 5 development rights.
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
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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,
William D. Fritz, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Carey, Clerk of the Board of Supervisors
Victor I and Audur Kugajevsky
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