HomeMy WebLinkAboutLOD200700053 Letter of Determination 2014-03-20O
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�'IRGINZP
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 12C (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 12C is a parcel of record and has three (3) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 79, Parcel 12C contains 7.65 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 429, page 575.
This analysis begins with the deed of record in Deed Book 429, page 575 that is dated
May 16, 1967. The deed conveyed 7.65 acres from Percy & Eleanor M. Montague,
husband and wife, to Ray A. Graham, III, as shown on the plat by T. W. Saunders, CLS,
dated July 27, 1960 and recorded in Deed Book 361, page 63. This is also the most
recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance,
December 10, 1980. Given the size of the parcel (7.65 acres) and the minimum
required acreage for each theoretical development right (2 acres), based on this
deed, Tax Map 79, Parcel 12C is determined to be a parcel of record with three (3)
theoretical development rights.
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.
I:\DEPTTCommunity Development\Zoning & Current Development Division\Determinations of Parcel\2007\79-12C LOD2007-
53, Graham, Ill.doc
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.
Sing ely,
Ronald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2007\79-12C LOD2007- 2
53, Graham, Ill.doc