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HomeMy WebLinkAboutLOD200600022 Letter of Determination 2014-03-17 (2)06 p o� U 6�8 �'IRGII�ZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 29, 2006 Ann D. Rodig P.O. Box 467 Ivy, VA 22945 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 58, Parcel 64E2 (Property of Ann D. Rodig) Section 10.3.1 Dear Ms. Rodig: 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 64E has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 58, Parcel 64E2 contains 14.230 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 1242, page 329. This analysis begins with the deed of record in Deed Book 516, page 315. This deed conveyed 58.46 acres from Carl McFarland and Patricia R. McFarland to C. Preston Locher and Jeannine H. Locher. The parcel is shown on a plat by William S. Roudabush, Jr., C.L.S. dated October 9, 1972. The property is further described as being a portion of land containing 207.28 acres described by reference to the deed of record in Deed Book 353, page 478 and a small portion of a tract containing 14.413 acres described by reference to the deed of record in Deed Book 454, page 489. Copies of those prior deeds are in the file. Deed Book 576, page 400, dated June 26, 1975, conveyed 2 lots from Preston Locher and Jeannine H. Locher to William C. Battle and Barry W. Battle. The two lots, containing 1.22 acres and 2.20 acres, are described as being adjacent to a parcel owned by the grantees. The lots are included on a plat by William S. Roudabush, Jr., C.L.S. dated June 12, 1975 showing Parcels A thru F'. Among the lots created by this plat was Parcel "A" containing 14.23 acres. This deed established Tax Map 58, Parcel 64E2 as a parcel of record. The most recent instrument for Tax Map 58, Parcel 64E2 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 637, page 115 and is dated November 22, 1977. This deed conveyed 14.23 acres from C. Preston I:\DEFR6CZS\Determin of Parcel\2006\58-64E2 Rodig LOD- 2006-22.doc Ann D. Rodig September 29, 2006 Page 2 Locher ,and Jeannine H. Locher to Ernst Soudek and Ingrid H. Soudek. The property is described as Parcel A, containing 14.23 acres on a plat by William S. Roudabush, Jr., C.L.S., dated June 12, 1975 that is recorded in Deed Book 576, page 403. On the basis of this deed the 14.23 -acre parcel is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 944, page 577, dated June 11, 1987, conveyed 14.23 acres from Ernst Soudek and Ingrid H. Soudek to Oscar R. Rodig, Jr. and Ann D. Rodig. The parcel is described by reference to the plat by William S. Roudabush, Jr., C.L.S. dated June 12, 1975 that is recorded in Deed Book 576, page 403. It is further described as being the same property that was conveyed by the deed of record in Deed Book 637, page 115. This transaction had no effect on the development rights of the parcel. Deed Book 1242, page 329, dated July 30, 1992, conveyed 14.23 acres from Oscar R. Rodig, Jr. and Ann D. Rodig to Oscar R. Rodig, Jr. The property is described by reference to the plat of record in Deed 576, page 403 and as being the same property that was conveyed by the deed of record in Deed Book 944, page 577. 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, John Shepherd Manager of Zoning Administration ay Carver, Real Estate Supervisor I:\DEFR13CMDetermin of Parcel\2006\58-64E2 Rodig LOD- 2006-22.doc