HomeMy WebLinkAboutLOD200700025 Letter of Determination 2014-03-13GINIP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
October 9, 2007
Leigh Moon
997 Woodlands Road
Charlottesville, VA, 22901
Fax (434) 972-4126
RE: LOD 2007 - 25 OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS -- Tax Map44, Parcel 4G (Property of Yates Carr Garnett
Trust) Jack Jouett Magisterial District
Dear Ms. Moon:
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 Map44, Parcel 4G has 4 theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 44, Parcel 4G contains 53.8 acres and no dwellings.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1457, page 127.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance,. December 10, 1980, is recorded in Deed Book 692, page 829, and is dated
May 1, 1980. The deed contains a plat which created 5 (five) parcels. Tax Map 44,
Parcel 4G is shown as Parcel B which contained 61.3 acres. Based on this deed, Tax
Map 44, Parcel 4G is determined to be a parcel of record with 5 (five) development
rights.
Deed Book 1327, page 408, dated July 21, 1993, conveyed parcel y containing 0.13
acres from Tax Map 44, Parcel 4F to Tax Map 44, Parcel 4G and conveyed parcel x
contiaining 0.13 acres from Tax Map 44, Parcel 4G to Tax Map 44, Parcel 4F resulting
in no change in total acreage.
Deed Book 1457, page 127, dated February 7, 1995, conveyed 53.8 acres from C.
Mercer Garnett, Jr. and Yates Carr Garnett to Yates Carr Garnett. The property is
described as being the same as was conveyed by Deed Book 692, page 830 less and
except a tract of 7.5 acres which was conveyed to Leigh Garnett Moon and Cary Nelson
Moon, III. The creation of the 7.5 acre tract utilized one development right. Four (4)
development rights remained with the 53.8 acre parcel and when utilized they may
consume not more than 23.5 acres.
CADocuments and SettingstfritzWy DocumentsUod200725.doc
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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.
If you have any questions, please contact me.
Sincerely,
s.
William D. Fritz, AICP
Chief of -Zoning
Copy: Gay Carver, Real Estate Supervisor
CADocuments and Settingstfritz\My DocumentsMod200725.doc 2