HomeMy WebLinkAboutLOD200700050 Letter of Determination 2014-03-20r
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
March 3, 2008
J. Alden English, Esquire
c/o McGuireWoods LLP
P. O. Box 1288
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 79, Parcel 2A (Property of Ray A. Graham, III) Rivanna Magisterial
District
Dear Mr. English:
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 79, Parcel 2A is a parcel of record and has five (5) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 79, Parcel 2A contains 63.02 acres and two dwellings.
The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 2904, page 83.
This analysis begins with the deed of record in Deed Book 655, page 88 that is dated
August 15, 1978. The deed conveyed 63.02 acres from Burl E. & Anne E. Albright to
Steven G. & Mary Jane Barre, as shown on the plat by William S. Roudabush, Inc. CLS,
dated February. 16, 1976. 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 79, Parcel 2A is determined to be a parcel of record with five
(5) development: rights.
Deed Book 864,.page 463, dated September 30, 1985, conveyed 63.02 acres from
Mary Jane Barre, widow to Richard F. Doyle. The property is described as being the
same as was conveyed by Deed Book 655, page 88. This transaction had no effect
on the parcels.
Deed Book 2904, page 83, dated January 3, 2005, conveyed 63.02 acres from Richard
I-. uoyie to Kay A. uranam, II I. I ne property Is uescnr)eu as ►yen iy Ll it:- sdi nC ds �
conveyed by Deed Book 864, page 463. This transaction had no effect on the
parcels.
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2007\79-2A LOD2007-50, 1
Graham, Ill.doc
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
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.
Sin ely,
onald L. Higgins, A
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
I:\DEP-RCommunity Development\Zoning & Current Development Division\Determinations of Parcel\2007\79-2A LOD2007-50, 2
Graham, Ill.doc