HomeMy WebLinkAboutLOD200500034 Legacy Document 2014-03-13r>IRGIlIZP
COUNT' OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 7, 2005
John Griffin
Zobrist Law Group
3 Boar's Head Lane
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 23,
Parcel 7 (Property of Michael G. Levine and Lynne W. Levine) Section 10.3.1
Dear Mr. Griffin:
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 23, Parcel 7 .has five (5) theoretical development rights. Please be aware that
the exact acreage of this parcel has not been determined. The basis for this
determination follows.
Our records indicate Tax Map 23, Parcel 7 contains, by estimation, 75.590 acres and
one dwelling. The property is not in an Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 1874, page 275.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 582, page 112 and dated
September 26, 1975. The deed conveyed 96.26 acres from Stephen H. Harris and
Jerold L. Freier to John F. Correnti and Sandra A. Correnti. The property is described
on a plat by Thomas D. Blue. The plat shows that the property is located in both
Albemarle County and Orange County. The plat did not compute the acreage of the
portion of the property located in Albemarle. On the basis of this deed, the portion of
this parcel that is located in Albemarle County is determined to be a parcel of
record with five (5) development rights.
Book 1590, page 364, dated January 21, 1997, conveyed 96.26 acres from John F.
Correnti and Sandra A. Correnti to Page F.. Craw. The property is described as being
the same property that was conveyed by the deed of record in Deed Book 582, page
112. This transaction had no effect on the development rights of this parcel.
Book 1874, page 275, dated November 2, 1999, conveyed 96.26 acres from Page F.
Craw to Michael G. Levine and Lynne W. Levine. The property is described as being the
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John Griffin
December 7, 2005
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same property that was conveyed by the deed of record in Book 1590, page 364. This
transaction had no effect on the development rights of this parcel.
The parcel is 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 parcelwith 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,
John Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Michael G. and Lynne W. Levine
5176 Burnley Station Road
Barboursville, VA 22923
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