HomeMy WebLinkAboutLOD200500037 Legacy Document 2014-03-17A
�'IRGINlP
COUNTY OF A]LBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 7, 2005
John Griffin
Zobrist Law Group
3 Boar's Head Lane
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 59,
Parcel 25 (Property of Irene Higgins Speiden ) Section 10.3.1
Dear Mr. Griffin:
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 59, Parcel 25 has five (5) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 59, Parcel 25 contains 40.270 acres and two dwellings.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 284, page 451.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 284, page 451 and dated
July 1, 1949. The deed conveyed approximately 40 acres from Charles Slaughter and
Burnham Slaughter to Eben C. Speiden and Muriel B. Speiden. The property is
described as being that shown on a plat by Hugh F. Simms that is recorded in Deed
Book 234, page 58. The deed notes that a small lot containing 6480.09 square feet was
off -conveyed from the 40 -acres parcel as part of a boundary adjustment shown on a
plat recorded in Deed Book 249, page 472. On the basis of this deed the 40 -acre +/-
tract is determined to be a parcel of record with five (5) 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-byright-In--add-Ition 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:\DEPTOCMDetermin of Parcel\2005\59-25 Speiden.doc
John Griffin
December 7, 2005
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,
John Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Irene Higgins Speiden
C/O Richard Higgins
11 Flyaway Pond Drive
N. Easton, MA 02356
I:\DEPTOUS\Determin of Parcel\2005\59-25 Speiden.doc