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HomeMy WebLinkAboutLOD200600033 Letter of Determination 2014-03-20 (2)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 22, 2006 E. Gray Baird 342 Echo Brook Lane Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 65, Parcel 80B Rivanna Magisterial District (Property of E. Wallace Lawrence, III Trust) Section 10.3.1 CORRECTED LETTER Dear Ms. Baird: This letter replaces my letter dated December 14, 2006. This has been revised to state that the property contains zero dwellings. 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 65, Parcel 80B has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 65, Parcel 80B contains 23.675 acres and zero dwellings. The parcel is located in the Rivanna Magisterial District. The most recent recorded instrument for this property is recorded in Deed Book 1630, page 77. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 668, page 796, and is dated April 16, 1979. The deed conveyed 23.657 acres from Gerald W. Slade and Mary Elizabeth Slade to Gordon D. Haines and Nora K. Haines. The property is designated as Parcel C on a plat of R. O. Snow, Certified Land Surveyor, dated October 13, 1977 revised on December 5, 1977 and January 25, 1978. This subdivision was not approved by the County. It was subsequently determined that Parcel C was lawfully created. On the basis of this deed it is determined that Tax Map 65, Parcel 8013, designated as Parcel "C" on the above referenced plat is a parcel of record with five (5) Deed Book 960, page 100, dated September 11, 1987, conveyed 2 tracts from Gordon D. Haines and Nora K. Haines to E. Wallace Lawrence, III. One of the parcels is I:\DEPT\BCZS\Determin of Parcel\2006\65-80B Baird CORRECTED LOD 2006-33.doc E. Gray Baird December 22, 2006 Page 2 described as containing 37.44 acres and the other is described as containing 23.657 acres and by reference to the plat of record in Deed Book 668, page 796. This transaction had no effect on the development rights of Tax Map 65, Parcel 80B. Deed Book 1630, page 77, dated July 24, 1997, conveyed 2 tracts from E. Wallace Lawrence, III to E. Wallace Lawrence, III, Trustee. The property is described as being the same as was conveyed by the deed of Gordon D. Haines and Nora K. Haines dated September 11, 1987. This transaction had no effect on the development rights of Tax Map 65, Parcel 8013. 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 Copy: Gay Carver, Real Estate Supervisor I:\DEPT\BCZS\Determin of Parcel\2006\65-80B Baird CORRECTED LOD 2006-33.doc