HomeMy WebLinkAboutLOD200500024 Legacy Document 2014-03-17o ®E
vIRGINI4"
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone
296-5832
September 21, 2005
Drake Van De Castle
P.O. Box 269
Ruckersville, VA 22968
Fax (434) 972-4126
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 54, Parcel
52 1 (Property of Thomas A. or Nancy Givanen) Section 10.3.1
Dear Mr. Van De Castle:
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 54, Parcel 51 1 has five (5) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 54, Parcel 51 1 contains 18.119 acres and 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 915, page 373.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 632, page 551 and is dated
July 27, 1977. This deed conveyed 18.115 acres from Howard F. Bazzarre and Carol M.
Bazzare to Thomas A. Ginaven and Nancy Ginaven. The parcel is described as being
designated on a plat by Higgs and Shumate entitled "Plat showing part of H. H. Tiffany
Property" dated October 15, 1971 and recorded in Deed Book 497, page 418. Based
on this deed, Tax Map 54, Parcel 51 I, containing 18.115 acres is determined to
have been a lot of record with five (5) development rights on December 10, 1980.
Deed Book 915, page 373, dated September 15, 1986, contains a Deed of Exchange
between Thomas A. Ginaven & Nancy Ginaven (TM 55-52 1) and Walter M. Fitzgerald &
Doris M. Fitzgerald ( TM 55-22). The exchange is shown on a plat by R.O. Snow, Inc.
that is dated October 9, 1985. The plat notes that no division rights are affected by this
platting. As a result of the transaction Parcel 51 1 contains 18.119 acres. Its five
development rights are located within the bounds of the original parcel as shown
on the Higgs and Shumate plat dated October 15, 1971.
Z
Drake Van De Castle
September 21, 2005
Page 2
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,
ohn Shepherd
Manager of Zoning Administration
Copies: Thomas A. and Nancy Ginaven
1041 Greenwood Road
Crozet, VA 22932
Gay Carver, Real Estate Supervisor
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