HomeMy WebLinkAboutLOD200400021 Legacy Document 2014-03-20Phone (434) 296-5832
Ms. Constance Hallquist
3555 Keswick Road
Keswick, Virginia 22947
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Fax (434) 972-4126
September 15, 2004
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 79A1, Parcels D1, D2, D20, D25, D33, E1, E4, E7, and E9 under Section 10.3.1
Dear Ms. Hallquist:
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 the nine parcels are
comprised of thirty-seven total lots and therefore contain thirty-seven theoretical development
rights. Each one of the current tax map and parcel numbers represents a group of lots and portions
of lots that were acquired by one deed. [See the listing in the proceeding.] Please note the
distinction between the use of "lots" and "parcels."
Listed below and on the next page are the most recent deed book references prior to adoption of the
zoning ordinance that established the Rural Areas zoning district (RA) and its development rights.
These are the deeds that we examined to make this determination. Each of the nine lots that are
subject to this determination are within the Royal Acres subdivision and were parcels of record
before the Commonwealth of Virginia took land for the construction of I64 in 1967. The portions of
the parcels that remained were then the parcels of record on December 10, 1980 when the County
adopted the current Zoning Ordinance and each one is entitled to one development right.
The list notes the reference, the date of the deed, the identities of the lots and portions of lots that
make up each parcel, and, the number of development rights. In each deed, the parcels are described
as being from Deed Book 280 page 335 to 338 which is the plat for the Royal Acres Subdivision.
Parcel
Development
Number
Deed Book
Date Recorded
Description of Lots
Rights
Parcel D1:
Deed Book 305,
November 6, 1950
Block D, lot 1
1
page 146
Parcel D2:
Deed Book 313,
November 12, 1954
Block D, lots 2 and 3
2
page 531
Parcel D20;
Deed Book 313,
November 12, 1954
Block D, lots 20, 21, 22, 23 and 24
5
page 531
Parcel D25:
Deed Book 381,
July 30, 1962
Block D, lots 25, 26, 27, 28, 29, 30, 31, and 32
8
page 251
Parcel D33:
Deed Book 434,
Septemb( )1967
Block D, lots 33 and 34 i
2
page 236
-
Parcel E1:
Deed Book 285,
September 12, 1949
Block E, lots 1, 2 and 3
3
page 385
Parcel E4:
Deed Book 297,
November 6, 1950
Block E, lots 4, 5, 6, 17, 18 and 19
6
page 266
Parcel E7:
Deed Book 301,
May 19, 1952
Block E, lots 7, 8, 14, 15, and 16
5
page 534
Parcel E9:
Deed Book 310,
March 12, 1954
Block E, lots 9, 10, 11, 12, and 13
5
page 124
Each of these thirty-seven lots contains one (1) theoretical development right. These lots are
entitled to the noted development rights only if all other applicable regulations can be met. This
includes but is not limited to: yards (setbacks), house site, and, area for septic disposal fields. Since
none of the lots is four acres or greater, the development rights represent, the maximum number of
lots that exist or could be created by right. Since many of these lots have never been surveyed, but
are residue pieces of lots recorded before the taking by the Commonwealth of Virginia for I64, the
location and size of any lots for which you want to use a development right will need to be
determined by a survey. Should you choose to accept the parcels as they are currently combined by
the County for tax purposes, you will need to record a plat or deed combining the lots. All of the
parcels that are less than the two -acre minimum lot size in the RA district are nonconforming and are
subject to the regulations of section 6.4.
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,
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Janice D. Sprinkle
Deputy Zoning Administrator
Copies: WAO Land Trust
3986 Keswick Rd
Keswick, VA 22947
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files -