HomeMy WebLinkAboutLOD200600035 Letter of Determination 2006-12-28� pg AL
�'IRGINZP
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, 2006
Jeff Clayton
P.O. Box 167
Ivy, VA 22945
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 56,
Parcel 69 in the Whitehall Magisterial District (Property of John W. Clayton, Jr.
and Annie D. Clayton.) Section 10.3.1
Dear Mr. Clayton:
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 56, Parcel 69 contains five (5) theoretical development rights. The basis for
this determination follows.
Our records indicate Tax Map 56, Parcel 69 contains 228.500 acres and 1 dwelling. The
property is located in the Whitehall Magisterial District. The property is not in an
Agricultural and Forestal District. The most recent recorded instrument for this property
is recorded in Deed Book 671, page 743.
Deed Book 671, page 743, dated May 21, 1979, is also the most recent deed for the
parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. This
deed conveyed 228.5 acres from John W. Clayton, Sr. and Martha H. Clayton to John
W. Clayton Jr. and Annie D. Clayton. The property is described as the residue of a
larger tract conveyed by the deed of record in Deed Book 386, page 199, following the
off -conveyance of 26.27 acres. On the basis of this deed the 228.5 -acre parcel is
determined to be a parcel of record with five (5) theoretical development rights.
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. 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.
I:\DEPT\BCZS\Determin of Parcel\2006\56-69 Clayton ACE LOD 2006-35.doc
Jeff Clayton �17D
December 28, 2006
Page 2
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,
/04�
John Shepherd
Manager of Zoning Administration
Copy: McChesney Goodall, ACE Program Coordinator
Gay Carver, Real Estate Supervisor
John W., Jr. and Annie D. Clayton
P.O. Box 167
Ivy, VA 22945
I:\DEPT\BCZS\Determin of Parcel\2006\56-69 Clayton ACE LOD 2006-35.doc
REQUEST FOR DETERAC NATION PARCEL, OF RECORD/DIVISION RIGHTS
OF
-
FILE #: -�
ADMIN (WAIVED)
NON -ADMIN
DATE: f
OWNER:
Name: `-► h � / • C L � � � o w/ � � r2 .
Address: X x / 6'2 S
Phone: 113 % -,C2 3 - �/ 7
APPLICANT:
Name:
Addres0
Phone: y 3 y 19x3 '/L? 7
_Yk
2 S y-5
CONTACT PERSON:
Name: 77T Fr G LY1 i d�
Address: 90 ,9 a x
Phone: 413 y- f S/ - 3 a a
0.5 - o -oo o6iod
TAX .MAP: , PARCEL(S): ZONED:
LOCATION: ,
ACREAGE: -12 (TOTAL) (EACH PARCEL)
NUMBER OF PARCELS:
1. Tax Map page.
2. Last instrument of record (plat and/or deed) in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia on or prior to December 10, 1980. (Highlight or underline references to the subject property).
3. All plats and/or deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight
or underline references
to the subject property).
4. Any other pertinent information.
5. Cover letter stating the assumed number of parcels, with explanation of same.
I certify that to the best of my information, belief and professional opinion, these attachments include all pertinent
plats and deeds from the Clerk's Office, as required under "submittal requirements."
Signature
10-2 7-e)6
Date