HomeMy WebLinkAboutLOD200600011 Letter of Determination 2006-5-16A ) OF AL
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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
May 16, 2006
James Klemic
8486 Rockfish Valley Highway
Afton, VA 22920
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 58,
Parcel 21 (Property of David Edwin Gardner or Betty Kirby Gardner) Section
10.3.1
Dear Mr. Klemic:
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 58, Parcel 21 contains five (5) theoretical development rights. The basis for
this determination follows.
Our records indicate Tax Map 58, Parcel 21 contains 12.44 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 1770, page 59.
This analysis begins with Deed Book 216, page 461. This deed, dated June 15, 1932,
conveyed 14.5 acres from Sallie M. Mallow and National Bank and Trust Company to T.
L. Shaver. The property is described as being the remainder of a 16.5 -acre parcel of
record in Deed Book 140, page 51 after the off -conveyance of 2 acres of record in Deed
Book 150, page 335.
The most recent instrument for this property recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 424, page 155 and is dated
December 16, 1966. The deed conveyed 2.06 acres from Rosa E. Shaver and Dorothy
C. Shaver to Joseph B. Stevens and Ronald B. Stevens. The lot is described as being a
portion of the 14.5 -acre tract conveyed by the deed of record in Deed Book 216, page
461. The 2.06 -acre parcel is shown on a plat by Warren F. Wade, dated November 21,
1966. On the basis of this deed the 12.44 acre residue is determined to be a parcel
of record with five (5) development rights.
-Deed-Book 1770 p—page-59, dated -November -23, -1-998-conveyed-1-2-.5-ac-res--more-or—
less, from Dorothy G. Shaver to David Edwin Gardner and Betty Kirby Gardner. The
property is described as being composed of'14.5 acres less and except 2.06 acres off-
I:\DEFRBUSTetermin of Parcel\2006\58-21 Gardner LOD 2006-011.doc
James Klemic
May 16, 2006
Page 2
conveyed by the deed of record in Deed Book 424, page 155. This transaction had no
effect on the development rights of the parcel.
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.
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
Ella Carey, Clerk to the Board of Supervisors
David Edwin Gardner
Betty Kirby Gardner
P.O. Box 152
Ivy, VA 22945
I:\DEPMCMDetermin of Parcel\2006\58-21 Gardner LOD 2006-011.doc