HomeMy WebLinkAboutLOD200500049 Legacy Document 2014-03-17OF ALBS
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 28, 2005
George McCallum, III
McCalllum & Kudravetz, P.C.
250 East High Street
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 49,
Parcel 4A6 (Property of Route 231, LLC) Section 10.3.1
Dear Mr. McCallum:
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 49, Parcel 4A6 has five (5) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 49, Parcel 4A6 contains 24.880 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 3010, page 586.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 687, page 146 and is dated
December 20, 1979. The deed conveyed 6 parcels from Ann Robins Haskell and John
C. Haskell to John C. Haskell, Trustee of the Walnut Mountain Land Trust. Among
these parcels is PARCEL TWO, described as containing 24.88 acres as shown on a
plat by William S. Roudabush, Jr. & Associates, C.L.S. of record in Deed Book 530,
page 42A. It is further described as being the same property that was conveyed by the
deed of record in Deed Book 530, page 41. On the basis of this deed the 24.88 -acre
tract is determined to be a parcel of record with five (5) development rights.
Deed. Book 1646, page 67, dated September 3, 1997, conveyed 2 parcels from John C.
Haskell, Trustee of the Walnut Mountain Land Trust to Castle Hill Properties II, LLC.
The Second parcel is described as containing 24.88 acres and by reference to the plat
of record in Deed Book 530, page 42A. It is further described as being among the same
parcels that were conveyed by the deed of record in Deed Book 687, page 146. This
transaction had no effect on the development rights of the parcel.
I:\DEPTOUS\Determin of Parcel\2005\49-4A6 Route 231 LLC.doc
George McCallum, III 0
December 28, 2005
Page 2
Deed Book 3010, page 586, dated June 22, 2005, conveyed several parcels from
Castle Hill Properties I, LLC and Castle Hill Properties II, LLC to Route 231 LLC. The
THIRD parcel on Schedule B is described as containing 24.88 acres and by reference
to the plat of record in Deed Book 530, page 42A. It is further described as being among
the same parcels that were conveyed by the deed of record in Deed Book 1646, page
67. This transaction had no effect on the development rights of the parcel.
The 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
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,
1-1-4� -
John Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
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