HomeMy WebLinkAboutLOD200700020 Letter of Determination 2014-03-17COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 16, 2007
Mr. Larry D. Snead
3757 Snead Hill Road
Charlottesville, VA 22911
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 46,
Parcel 43 (Property of Larry Snead) - Rivanna Magisterial District
Dear Mr. Snead:
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 46, Parcel 43 is a parcel of record which has four (4) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 46, Parcel 43 contains 10.04 acres and no dwellings. The
property is not within an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 3452, page 449.
This analysis begins with the deed of record in Deed Book 516, page 442 that is dated
October 17, 1972. This deed conveys 2.02 acres to Donald C. & Jimmie Ruth Murphy
off of a 17.07 tract owned by Edward J & Fannie J. Brown, leaving a residue of 15.05
acres. This is also the most recent instrument for this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980. The deed conveyed 2.02 acres
known as Tax Map 46, Parcel 43C and left 15.05 acres known as Tax Map 46, Parcel
43. Based on this deed, Tax Map 46, Parcel 43 is determined to be the original
parcel of record with five (5) development rights.
Deed Book 710, page 324, dated January 21, 1981, conveyed 15.05 acres from Fannie
J. Brown, widow to Birkfield Dickerson. The property is described as being the same
17.07 acres shown on a plat of record in Deed Book 477, page 256, Except 2.02 acres
conveyed to Donald C. Murphy et ux by deed recorded in Deed Book 516, page 442.
This transaction had no effect on the parcels.
Deed Book 710, page 326, dated January 21, 1981, conveyed 2.02 acres from Donald
C. & Jimmie Ruth Murphy to Birkfield Dickerson. The property is described as being the
same as was conveyed by Deed Book 516, page 442. This transaction had no effect
on the parcels.
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Deed Book 738, page 042, dated March 9, 1981, conveyed 7.02 acres from Birkfield
Dickerson to Kathleen M. Pugh. The property is described as being a portion of the
properties conveyed.by Deed Book 710,. page 326 and by Deed Book 710, page 324,
above. This deed references a plat by William S. Roudabush, dated March 19, 1981
and attached to the deed which divided 5 acres off of the 15.05 acre tract and adds it to
the 2.02 acre tract, leaving Tax Map 46, Parcel 43 with 10.05 acres. As the 5 acres
was conveyed with one dwelling and no other development rights stated, it is
concluded that the 10.05 acre tract retains four (4) development rights.
Deed Book 825, page 384, dated December 5, 1984; conveyed 10.04 acres, as shown
on a revised plat by William S. Roudabush, dated December 4, 1984, from the estate of
Birkfield Dickerson to Gust L. & Virginia E. Dorrier. The property is described as being
the remainder of the property as was conveyed by Deed Book 710, page 326 and Deed
Book 710, page 324 after an off -conveyance of 7.02 acres to Kathleen Pugh by Deed
book 738, page 42. This transaction had no effect on the parcels.
Deed Book 3452, page 449, dated June 29, 2007, conveyed 10.04 acres from Gust L. &
Virginia E. Dorrier to Larry Snead. The property is described as being the same as was
conveyed by Deed Book 825, page 384. 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.
If you have any questions, please contact me.
Sing rely,
Ronald L Higgins, AICP
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
lADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\46-43 LOD 2007-020 2
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