HomeMy WebLinkAboutLOD200400017 Legacy Document 2014-03-20 (2)of
G1
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126 TELEPHONE (434) 296-5832 TTD (434) 972-4012
July 7, 2004
Tara Rowan Boyd
LeClair Ryan
Post Office Box 2017
Charlottesville, VA 22902-2017
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 69,
Parcels 49 and 54 (Property of O. Douglas and Anne B. Royals) Section 10.3.1
Dear Ms. Boyd:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 69, Parcel 49 and Parcel 54 each contain five (5) development rights. The
basis for this determination is provided below.
Tax Map. 69, Parcel 49
Our records indicate Tax Map 69, Parcel 49 contains 54.5 acres and three dwellings.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 535, page 315.
Deed Book 535, page 315, dated April 20, 1973, is also the most recent deed for this
parcel recorded prior to the adoption of the ordinance, December 10, 1980. This deed
conveyed a tract of land with improvements from Elizabeth Erwin to Oscar Douglas
Royals and Anne Boswell Royals. The property is described in part as being situated on
the south side of U.S. Highway 250 near Greenwood, known as "Greenway" and
containing 54 1/2acres. On the basis of this deed, it is determined that Tax Map 69,
Parcel 49 is a parcel of record as defined in Section 10.3 with five development
rights.
I:\DEPT\BCZS\Determin of Parcel\69-49 & 54 Royals.doc
Tara Rowan Boyd
July 7, 2004
Page 2
Tax Map 69, Parcel 54
Our records indicate Tax Map 69, Parcel 54 contains 44 acres and no dwellings. The
property is not in an Agricultural Forestal District. The most recent deed for this property
is recorded in Deed Book 547, page 287.
Deed Book 547, page 287, dated March 27, 1974, is also the most recent deed for this
parcel recorded prior to the adoption of the ordinance, December 10, 1980. This deed
conveyed a tract of land from Newton D. McCue & Emily C. McCue, W. Hamilton
McCue & Mary B. McCue and Mattie F. McCue to O. Douglas Royals and Anne B.
Royals. The property is described in part as containing 44 acres, situated on the north
side of U.S. Route 250 approximately 1/4 mile east of its intersection with Route 6. On
the basis of this deed, it is determined that Tax Map 69, Parcel 54 is a parcel of
record as defined in Section 10.3 with five development rights.
These parcels are entitled to the noted development rights if all other applicable
regulations can be met. 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, a "parent parcel' may
create as many 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
$120.00. 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,
lz4�
John Shepherd
Manager of Zoning Administration
I:\DEP1WZS\Determin of Parcel\69-49 & 54 Royals.doc
Tara Rowan Boyd
July 7, 2004
Page 3
Copies: Oscar Douglas and Anne Boswell Royals
341 Greenway Farms
Greenwood, VA 22920
Gay Carver, Real Estate Supervisor
Reading Files
I:\DEMBUS\Determin of Parcel\69-49 & 54 Royals.doc