HomeMy WebLinkAboutLOD200700026 Letter of Determination 2014-03-13COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 9, 2007
Leigh Moon
997 Woodlands Road
Charlottesville, VA 22901
RE: LOD 2007 - 260FFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT
RIGHTS -- Tax Map 44, Parcel 4H (Property of C. Mercer Garnett) 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 Map 44, Parcel 4H has five (5) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 44, Parcel 4H contains 100.512 acres and one (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 3148, page 235.
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 4H is shown as Parcel C which contained 69.3 acres. Based on this deed, Tax
Map 44, Parcel 4H is determined to be a parcel of record with 5 development
rights. These development rights reside only in the 69.3 acre portion of the
property created by Deed Book 692, page 829.
Deed Book 3148 page 235, dated January 27, 2006, conveyed 31.212 acres from/Tax
Map 44, Parcel 23 to Tax Map 44, Parcel 4H. The land is described as Parcel X on a
plat by Roger W. Ray and Assoc., Inc. dated January 23, 2006.
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.
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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,
William D. Fritz, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
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