HomeMy WebLinkAboutLOD200700013 Letter of Determination 2014-03-13COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 20, 2007
.Ms. Lori K. Schweller, Esquire
c/o LeClair Ryan
123 East Main Street, 8th Floor
Charlottesville, VA 22902-2017
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 43, Parcel 40A (Property of Jeffrey F. & Corinne S. Buckalew) Jack
Jouett Magisterial District
Dear Ms. Schweller:
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 43, Parcel 40A contains seven parcels of record with a combined total of
twenty-two (22) theoretical development rights. The basis for this determination is
summarized as follows:
Tax Map -Parcel, lots
Acreage
Development Rights
TM 43 — 40A, One, A
103.31 ac.
5
TM 43 — 40A, One, B
25.24 ac.
5
TM 43 — 40A, One, C
4.4 ac.
2
TM 43 — 40A, One, E
1.5 ac.
1
TM 43 — 40A, One, F
8.82 ac.
4
TM 43 — 40A, One, G
49.89 ac.
5
TM 43 — 40A, Two
10.00 ac.
0
TOTAL
22
Our records indicate Tax Map 43, Parcel 40A, contains 202.83 acres and six (6)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 3325, page 545.
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The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance on December 10, 1980, is recorded in Deed Book 659, page 367, and is
dated October 18, 1978. The deed conveyed 193 acres, more or less, known as
Parcels A, B, C, E, F, and G from James F. & Rosemary R. Lewis to Edward W. & Betty
Knight Scripps. Based on this deed, Tax Map 43, Parcel 40A, at that time, was
determined to be six (6) parcels of record with twenty-two (22) development rights
referred to in the chart above as parcel One, lots A, B, C, E, F and G.
Deed Book 868, page 204, dated February 14, 1986, conveyed the same six (6) parcels
from Edward W. & Betty Knight Scripps to First Scripps League Realty Co. This
transaction had no effect on the six parcels of record.
Deed Book 1451, page 598, dated December 16, 1994, conveyed 10 acres, known as
Parcel X, from Rosemary R. Dent to First Scripps League Realty Co. This deed
divided the 10 acre parcel off of the main Dent property (Tax Map 44, Parcel 1) while
retaining all of development rig hts-forthe main residue. The plat for -that deed (Deed --
Book 1451, page 600) showed parcel X added to Tax Map 43, Parcel 40A, resulting in
the present total acreage of 202.83. This transaction had no effect on the six
parcels of record or their development rights and is referred to in the chart above
as parcel Two.
Deed Book 1547, page 306, dated June 28, 1996, conveyed the 202.4 acres (the
original 202.83 acres minus a condemnation of a small portion for highway purposes)
from First Scripps League Realty Co. to Scripps League Newspapers, Inc. This
transaction had no effect on the parcels.
Deed Book 1547, page 309, dated June 28, 1996, conveyed the same 202.4 acres from
Scripps League Newspapers, Inc. to Scripps Enterprises, Inc. This transaction had
no effect on the parcels.
Deed Book 3325, page 545, dated November 21, 2006, conveyed the same 202.4
acres from Scripps Enterprises, Inc. to Jeffrey F. & Corinne S. Buckalew, the present
owners. This transaction had no effect on the 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
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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" F .
If you have any questions, please contact me.
Since y,
onald L. Higgins, AICP
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Ella Carey, Clerk of the Board of Supervisors
Jeffrey F. & Corinne S. Buckalew
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