HomeMy WebLinkAboutLOD200800003 Letter of Determination 2014-03-17"� r'IRGINIP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
March 20, 2008
Curtis & Betty Crickenberger
4480 Stoney Point Road
Barboursville, VA 22923
RE: LOD-2008-00003 OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS --
Tax Map 48, Parcel 78H (Property of CURTIS AND BETTY CRICKENBERGER)
Rivanna Magisterial District
Dear Mr. and Mrs. Crickenberger:
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 48, Parcel 78H is a parcel of record and has three (3) theoretical development
rights. The basis for this determination follows:
Our records indicate Tax Map 48, Parcel 78H contains 7.00 acres and zero (0)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 448, page 489.
This analysis begins with the deed of record in Deed Book 399, page 85, dated July 1,
1964. The deed conveyed a 3.00 acre lot from Leroy W. Snow and Viola D. Snow to
Dewey E. Shifflett and Lottie H. Shifflett. The parcel is designated as Lot #1 on the plat
by T.W. Saunders dated March 27, 1962. The plat also established three (3) additional
lots including Lot #2 containing 7.00 acres. This deed established the 7.00 acre lot,
designated as Tax Map 48 Parcel 78H as a parcel of record.
Deed Book 407, page 359, dated May 18, 1965, conveyed two (2) tracts of land from
Gilbert F. Scruggs and Marie M. Scruggs to Charles W. Hurt. The property is described
as Lot #2, containing 7.00 acres and Lot #4. The two lots are described by reference to
the plat by T.W. Saunders dated March 27, 1962 recorded in Deed Book 399, page 86,
and described as being the same as was conveyed in Deed Book 378, Page 121 dated
April 5, 1962. This transaction had no effect on the 7.00 - acre parcel known as
Tax Map 48 Parcel 78H.
The most recent instrument of record prior to the adoption of the Zoning Ordinance,
December 10, 1980, is recorded in Deed Book 448, page 489 and is dated August 23,
1968. The deed conveyed two (2) tracts of land described as Lot #2 and Lot #4, from
Charles W. Hurt and Letitia H. Hurt to Curtis W. Crickenberger & Betty L.
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Curtis & Betty Crickenberger
March 20, 2008
Page 2
Crickenberger. The property is described as being the same as was conveyed by Deed
Book 407, page 359. Based on this deed, Tax Map 48, Parcel 78H is determined to
be a parcel of record with three (3) development rights.
This 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. 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,
John Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Attached: Deed Book 399, page 86 plat
Tax Map 48
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