HomeMy WebLinkAboutLOD200700052 Letter of Determination 2014-03-20COUNTY 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 12A (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 12A 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 12A contains 591.88 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 1044, page 210.
This analysis begins with the deed of record in Deed Book 375, page 200 that is dated
January 5, 1962. The deed conveyed 591.88 acres from William H. & Eleanor D.
Gregory, husband and wife, to Ray A. Graham, III, as shown on the plat by William S.
Roudabush, Inc. CLS, dated November, 1961 and recorded with that deed. 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 12A is
determined to be a parcel of record with five (5) development rights.
Deed Book 1044, page 210, dated April 6, 1989, is a Certificate of Plat made by Ray A
Graham, III, the property owner. The property is described as being the same as was
conveyed by Deed Book 375, page 200. This transaction had no effect on the
parcels.
The parcels are entitled to the noted development rights if all other applicable
regulations can be met. Thesedevelopment rights may on y be utiiizeawithin -tne
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
lADEFRCommunity Development\Zoning & Current Development Division\Determinations of Parcel\2007\79-12A LOD2007-
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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.
Since ,
Ronald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
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