HomeMy WebLinkAboutLOD201100015 Review Comments Letter of Determination 2012-07-09COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 9, 2012
Mr. George B. McCallum, III
c/o McCallum & Kudravetz, P.C.
250 East High Street
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map Parcels 43-20A, 43-20B, 43-20C, 44-29, 44-29A, 44-29D and 44-28 --
(Property of Harry Burn, III) Jack Jouett Magisterial District
Dear George:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that the referenced parcels above are parcels of record having theoretical development
rights as detailed in the table below. The basis for this determination follows the table.
Parcel
Acreage
Development Rights
Tax Map 43, Parcel 20A
4.416 acres
2
Tax Map 43, Parcel 20B
4.741 acres
2
Tax Map 43, Parcel 20C
4.199 acres
2
Tax Map 44, Parcel 29
6.150 acres
3
Tax Map 44, Parcel 29A
5.412 acres
2
Tax Map 44, Parcel 29D
2.940 acres
1
Tax Map 44, Parcel 28
14.292 acres
5
Totals
42.150 acres
17
Our records indicate Tax Map 43, Parcel 20A contains 4.416 acres and no dwellings.
The property is within the Moorman's River Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 2349, page 266.
Our records indicate Tax Map 43, Parcel 20B contains 4.741 acres and no dwellings.
The property is within the Moorman's River Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 2349, page 266.
George B. McCallum, III
July 9, 2012
Page 2
Our records indicate Tax Map 43, Parcel 20C contains 4.199 acres and no dwellings.
The property is within the Moorman's River Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 2349, page 266.
Our records indicate Tax Map 44, Parcel 29 contains 6.150 acres and no dwellings. The
property is within the Moorman's River Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 2349, page 266.
Our records indicate Tax Map 44, Parcel 29A contains 5.412 acres and no dwellings.
The property is within the Moorman's River Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 2349, page 266.
Our records indicate Tax Map 44, Parcel 29D contains 2.940 acres and no dwellings.
The property is within the Moorman's River Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 2349, page 266.
Our records indicate Tax Map 44, Parcel 28 contains 14.292 acres and no dwellings.
The property is within the Moorman's River Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 2349, page 266.
This analysis begins with the deed of record in Deed Book 572, page 582 that is dated
April 21, 1975. The deed conveyed "in the aggregate 42.150 acres, more particularly
described as Lots 1, 2, 3, 5, 6, and 8 and a parcel of 14.292 acres on plat of B. Aubrey
Huffman & Associates, dated April 18, 1975" from Gloria G. Fennell and W. T. Withers
Fennell, husband and wife, to Harry Burn, III and Jean R. Burn, husband and wife. This
is the most recent instrument for these seven parcels recorded prior to the adoption of
the Zoning Ordinance, December 10, 1980. This deed establishes the seven parcels
as parcels of record prior to December, 1980 with a total of seventeen (17)
theoretical development rights as apportioned in the table above.
Deed Book 2349, page 266, dated December 20, 2002, conveyed full interest in the 7
parcels from Harry Burn, III and Jean R. Burn, husband and wife, to Harry Burn, III. The
property is described as being the same as was conveyed by Deed Book 572, page
582. This transaction had no effect on the seven 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
George B. McCallum, III
July 9, 2012
Page 3
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 $240.
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/Deputy Zoning Administrator
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
Attachment: Map of the seven parcels