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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434)296-5832 Fax (434) 972-4126
July 5, 2007
Mr. John D. Griffin,.Esquire _.
c/o Zobrist Law Group
3 Boar's Head Lane
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS
(Section 10.3.1) -- Tax Map 29, Parcel 67B (Property of Joan N. Justice a.k.a. Joan N.
Krackow) Whitehall Magisterial District
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 29, Parcel 67B has five(5) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 29, Parcel 67B contains 20.647 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 3084, page 52.
This analysis begins with the deed of record in Deed Book 531, page 40 that is dated.
June 12, 1973. The deed conveyed, from John B. & Sibyl F. Lange to W. Sterling &
Doris J. Carter (the Carters), 22.16 acres as described on the plat of William Morris
Foster dated June 12, 1973.
Deed Book 684 page 742, dated October 2, 1979, conveyed .52 acres from the Carters
to the Commonwealth of Virginia, resulting in the reduction of Tax Map 29, Parcel 67B
to 21.68 acres. This is the most recent instrument for -this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980. This deed established the
21.68 acre property as a parcel of record, Tax Map 29, Parcel 6713, with five (5)
development rights. A re -survey plat, dated June 20, 1986, recorded in Deed Book
888, page 339, again describes the property as 21.68 acres and as Tax Map 29 -Parcel
67B.
[ADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\LOD2007-007 - Griffin.doc 1
Deed Book 1082, page 403, dated December 18, 1989, conveyed the same 21.68
acres from the Carters to Gordon G. & Joan G. Phelps.. The property is described as
being the same as was conveyed by Deed Book 888, page 339. This transaction had
no effect on the parcel.
Deed Book 1416, page 285, dated June 15_, 1994, conveyed the same .10 acres from
the Carters to Gordon G. & Joan G. Phelps, increasing Tax Map 29 -Parcel 67B from
21.68 acres to 21.78. This transaction had no effect on the development rights of
the parcel.
Deed Book 1534, page 241, dated April 22, 1996, conveyed the same 21.78 acres from
Gordon G. & Joan G. Phelps to Glenn & Diane Wildman Farineau. This transaction
had no effect on the parcel.
Deed Book 1756, page 166, dated October 2, 1998, conveyed 1.133 acres from Glenn
-&-Diane Wildman-Farineau-to the Carters: The property is described as being "Parcel Y" - -
on the plat by John Taggert, dated September 22,1998, reducing Tax Map 29 -Parcel
67B from 21.78 acres to 20.647 acres. This transaction had no effect on the
development rights of the parcel.
Deed Book 1907, page 182, dated February 28, 2000, conveyed the same 20.647 acres
from Glenn & Diane Wildman Farineau to Roger R. & Christiane T. Katcham. This
transaction had no effect on the parcel.
Deed Book 2402, page 484, dated March 5, 2003, conveyed the same .20.647 acres
from Roger R. & Christiane T. Katcham to Kenneth A. & Joan N. Krackow (a.k.a. Joan
N. Justice). This transaction had no effect on the parcel.
Deed Book 3084, page 52, dated August 26,200, conveyed the same 20.647 acres
from Kenneth A. & Joan N. Krackow (a.k.a. Joan N. Justice) to Joan N. Justice. This
transaction had no effect on the parcel.
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 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.
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If you have any questions, please contact me.
Sin ely,
Ronald L. `Higgins, AICP
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Joan N. Justice
B
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