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�'IRGINIP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
March 9, 2006
Len Mailloux
Real Estate III
500 Falconer Drive
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 28,
Parcels 32C (Property of Wallace C. Bedell) Section 10.3.1
Dear Mr. Mailloux:
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 28, Parcel 32C has five (5) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 28, Parcel 32C contains 36.580 acres and 1 dwelling.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 837, page 686.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance December 10, 1980 is recorded in Deed Book 700, page 709 and is dated
August 15, 1980. The deed conveyed 2 parcels from William A. Perkins, Jr., Gary C.
McGee, Fred S. Landess and Leigh B. Middleditch, Jr., Trustees to Leonard W. Schmitz
and Judith B. Schmitz. The parcels are described as Tract C and Tract D on a plat by
Thomas D. Blue, dated June 5, 1980, and containing 13.75 acres and 36.58 acres,
respectively. On the basis 'of this deed, the 36.58 -acre parcel is determined to be a
parcel of record with five (5) development rights.
Deed Book 837, page 686, dated May 8, 1985, conveyed 36.58 acres from Leonard W.
Schmitz and Judith B. Schmitz to Wallace C. Bedell. The property is described as being
Tract D on the plat of record in Deed Book 700, page 709. This transaction had no
effect on the development rights of the 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 parcel with which they are associated.
number of lotsdevelopment
lessthan twenty one
hts are theoreticalin nature but do represent the m ax'mum
acres allowed to be created by right. In addition to the development right lots, the parcel
I:\DEPT\BCZS\Determin of Parcel\2006\28-32C Bedell LOD 2006-005.doc
Len Mailloux
March 9, 2006
Page 2
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
lADEPT\BCZS\Determin of Parcel\2006\28-32C Bedell LOD 2006-005.doc