HomeMy WebLinkAboutLOD200700034 Letter of Determination 2014-03-20COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 3, 2008
Mr. John D. Griffin, Esquire
c/o Zobrist Law Group
3 Boar's Head Lane
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 70,
Parcel 47A & Tax Map 84, Parcel 28B (Property of Charles B. & Pamela Fitzgerald)
Whitehall Magisterial District
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 70, Parcel 47A is a parcel of record with five (5) theoretical development rights
and Tax Map 84, Parcel 28B is a parcel of record with nine (9) theoretical development
rights. The basis for this determination follows.
Tax Map 70, Parcel 47A
Our records indicate that Tax Map 70, Parcel 47A contains 33.443 acres and no
dwellings. The property is not within an Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 2250, page 244.
This analysis begins with the deed of record in Deed Book 547, page 39 that is dated
March 15, 1974. The deed conveys "thirty-three and one half acres of land, more or
less" from Larey E. & Virginia Eloise Gray, husband & wife to Aubrey Hamilton Gray
and Mary Carter Gray. This is also the most recent instrument for this parcel recorded
prior to the adoption of the Zoning Ordinance, December 10, 1980. This transaction
establishes Tax Map 70, Parcel 47A as a parcel of record with five (5) theoretical
development rights:
Deed Book 2250, page 244, dated.August 9, 2002, conveyed "Revised T.M: 70-47A,
containing 63.84 Acres" from Aubrey Hamilton & Mary Carter Gray, husband & wife to
Charles B. & Pamela Fitzgerald, husband & wife. The property is described .as being the
Tax Map 70, Parcel 47A. This transaction had no effect on the parcel's
development rights.
lADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\70-47A & 84-28B
LOD 2007-034 Fitzgerald.doc
Tax Map 84, Parcel 28B
Our records indicate that Tax Map 84, Parcel 28B contains 30.378 acres and one
dwelling. The property is not within an Agricultural and Forestal District. The most
recent recorded instrument for this property is recorded in Deed Book 3258, page 183.
This analysis begins with the deed of record in Deed Book 313, page 259 that is dated
October 27, 1954. The deed conveys 16 acres from Larey E. & Virginia Eloise Gray,
husband & wife to Aubrey Hamilton & Mary Carter Gray, husband & wife. The property
is described as being the same as the original Tax Map 84, Parcel 28A. This
transaction established Tax Map 84, Parcel 28A as a parcel of record with five (5)
theoretical development rights.
Deed Book 376, page 593, dated March 26, 1962, conveyed 18 acres from Larey E. &
Virginia Eloise Gray, husband & wife to Aubrey Hamilton & Mary Carter Gray, husband
& wife. The property is described as being the same as the original Tax Map 84, Parcel
28B. This is also the most recent instrument for this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980. Based on this deed, Tax Map
84, Parcel 28B is determined to be a parcel of record initially with five (5)
theoretical development rights.
Deed Book 2250, page 244, dated August 9, 2002, conveyed "Revised T.M. 84-28A,
containing 5.01 acres and Revised T.M. 70-47A, containing 63.84 Acres..." from Aubrey
Hamilton & Mary Carter Gray, husband & wife to Charles B. & Pamela Fitzgerald,
husband & wife. The property is described as being the same as was conveyed by
Deed Book 313, page 259. and Deed Book 376, page 593, with the 63.84 acres
containing the Revised Tax Map 84-28B. This Deed references a plat by Roger W. Ray
& Assoc., Inc., dated June 27, 2002, which states that the Revised T.M. 84-28A may not
be further divided and that the other 4 development rights from T.M. 84-28A are added
to T.M. 84-28B, making a total of 9 development rights in Revised T.M. 84-2813. This
transaction established the nine (9) theoretical development rights for Tax Map
84, Parcel 28B.
Deed Book 3258, page 183, dated July 24, 2006, is a Certificate of Plat by Roger W.
Ray, CLS, made minor adjustments between T.M 84-28A and T.M.84-28B without
reallocating any development rights. This transaction had no effect on 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. In addition 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.
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
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\70-47A & 84-28B 2
LOD 2007-034 Fitzgerald.doc
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.
Sinc y,
Ronald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcen007\70-47A & 84-28B 3
LOD 2007-034 Fitzgerald.doc
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