HomeMy WebLinkAboutLOD200600020 Letter of Determination 2006-09-18�'IRGINZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 18, 2006
Marilyn R. Gale
Roudabush, Gale & Associates
914 Monticello Road
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 80, Parcel 88A (Property of Keswick Corporation) Section 10.3.1
Dear Ms. Gale:
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 80, Parcel 88A is a single parcel with two (2) theoretical development rights.
The basis for this determination follows:
Our records indicate Tax Map 80, Parcel 88A contains 5.185 acres and one dwelling.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 3069, page 738.
The most recent instrument for the parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 671, page 301 and dated
May 12, 1979. The deed conveyed approximately 6.17 acres from Piedmont Vineyards
Co., Inc. to Robert F. Driggs and Adeline M. Driggs. The property is described as being
a portion of the property conveyed by the deed of record in Deed Book 666, page 190
and is shown on a plat by William S. Roudabush, Inc., C.L.S., dated May 9, 1979. On
the basis of this deed the 6.17 -acre parcel is determined to be a parcel of record
with three (3) theoretical development rights.
Deed Book 1139, page 92, dated January 18, 1991, conveyed two parcels from Robert
F. Driggs and Ruth W. Driggs to themselves as tenants by the entirety. One of the
parcels was the 6.17 -acre parcel described by reference to Deed Book 671, page 301.
This transaction had no effect on the development rights of the subject parcel.
Deed Book 1298, page 349, dated April 1, 1993, conveyed two parcels from Robert F.
nrinn-, anri Ruth W prions to Keswick Corporation. One of the parcels was the 6.17 -
acre parcel described by reference to Deed Book 671, page 301 and Deed Book 1139,
page 92. This transaction had no effect on the development rights of the subject
parcel.
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Marilyn R. Gale
September 18, 2006
Page 2
Deed Book 3069, page 738 contains a plat by Roudabush, Gales and Associates, Inc,
dated May 3, 2005 that shows the combination of several parcels including a 0.988 -
portion of Parcel 88A into one parcel designated as Parcel 8 on Tax Map 80. The plat
shows the residue of the parcel contains 5.1853 acres. The plat notes that no
development rights are affected by this plat. However, the reduction of the acreage to
less than six acres eliminated one of the original development rights because a
development right must be associated with a minimum of two acres. As a result of this
transaction Parcel 88A has two (2) development rights.
The parcel is 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.
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,
/7"�
John Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
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