HomeMy WebLinkAboutLOD200700009 Letter of Determination 2014-03-17COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
July 5, 2007
Mr. Peter' M. Thomas
2530 Lake Albemarle Road
_Charlottesville, VA.22901-51.35
Fax (434) 972-4126
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS =-
Tax Map 57, Parcel 40 (Property of Peter M. & Laura E. Thomas) Whitehall
Magisterial District, Section 10.3.1
Dear Mr. Thomas:
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 57, Parcel 40 has three (3) theoretical development rights. The basis for this
determination follows.
Our records indicate the current Tax Map 57, Parcel 40 contains 6.049 acres and one
dwelling. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 3018, page 674.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 356, page 568, and is dated
February 23, 1960. The deed conveyed approximately 17 acres, originally known as
Tax Map 57, Parcel 40; from Elizabeth G. Kemper to Thomas *M. & Lucy N. Robinson.
Based on -this deed, Tax Map 57, Parcel 40, which then contained approximately
17 acres, is determined to be a parcel of record with five (5) development rights.
Deed Book 1168, page .284, dated July 19, 1991, conveyed the same 17 acres from the
Robinsons to Thomas E. & Betty T. Robinson as a gift. The property is described as
being the same as was conveyed by Deed Book 356, page 568. This transaction had
no effect on the parcels.
Deed Book 1481, page 495, dated July 10, 1995, conveyed 6.00 acres off of the main
parcel as Parcel A, with one (1) development right as referenced on the subdivision plat
57, Parcel 40) to four (4).
I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\LOD2007-009 -
Thomas.doc
Deed Book 1591, page 577, dated January 30, 1997, conveyed another 3.393 off of the
main parcel as Parcel B, with one (1) development right as referenced on a subdivision
plat signed, February 4, 1997. This further reduced the development rights of the
residue (TM 57, Parcel 40) to three (3).
Deed Book 1593, page 11, dated January 29, 1997, conveyed the residue, described as
6.049 acres, to Gates G. Kemper. This had no effect on the three development
rights of that parcel (TM 57, Parcel 40), and is the same parcel which you
purchased June 29, 2005. Therefore Tax Map 57, Parcel 40 has a total of three (3)
theoretical development rights.
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.
Si
F:Conald L. Higgins, AICP
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\LOD2007-009 - 2
Thomas.doc