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HomeMy WebLinkAboutLOD200600024 Letter of Determination 2014-03-13 (2)U �'IRGINZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 18, 2006 Dwayne Wood 593 Reas Ford Road Earlysville, VA 22936 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 30, Parcel 22E (Property of Dwayne Anthony Wood and Kimberly Sue Bourne Wood) Section 10.3.1 Dear Mr. Wood: 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 30, Parcel 22E has two (2) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 30, Parcel 22E contains 5.90 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 1545, page 273. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 686, page 567, and is dated December 12, 1979. The deed conveyed 3.010 acres from Mamie Florence Wood, Carlton Edward Wood & Joyce R. Wood, Wayne Stanley Wood & Frances B. Wood, Judy W. Batten & Fred B. Batten, Andy Michael Wood & Debra L. Wood to Judy W. Batten & Fred B. Batten. The transaction is shown on a plat by R. O. Snow that is dated December 12, 1979. The plat also shows the creation of Parcel B, containing 5.900 acres, identified as a portion of Parcel 22. Parcel B is designated as Parcel 22E on Tax Map 30. Based on this deed, Tax Map 30, Parcel 22E is determined to be a parcel of record with two (2) theoretical development rights. Deed Book 798, page 5, dated February 1, 1984, conveyed 5.9 acres from Mamie Florence Wood, Carlton Edward Wood & Joyce R. Wood, Wayne Stanley Wood & Frances B. Wood, Judy W. Batten & Fred B. Batten and Andy Michael Wood & Debra L. Wood to Carlton Edward Wood & Joyce R. Wood. The parcel is described by reference to the plat of record in Deed Book 686, page 569. This transaction had no effect on the development rights of the parcel. I:\DEPT\BCZS\Determin of Parcen006\30-22E Wood LOD-2006-24.doc Dwayne Anthony Wood 10 ID September 18, 2006 Page 2 Deed Book 1554, page 273, dated May 15, 1996, conveyed 5.9 acres from Carlton Edward Wood and Joyce R. Wood to Dwayne Anthony Wood and Kimberly Sue Bourne Wood. The property is described as being the same as was conveyed by Deed Book , page 798, page 5. This transaction had no effect on the parcels. 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. 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. 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 IMEMBUS\Determin of Parcel\2006\30-22E Wood LOD-2006-24.doc