HomeMy WebLinkAboutLOD200800007 Letter of Determination 2014-03-20COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
April 15, 2008
Jacqueline Errecart & Austin Jamison
5497 Wyant Lane
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 84,
Parcel 71A (Property of Jacqueline Errecart & Austin Jamison) Samuel Miller
Magisterial District
Dear Ms. Errecart & Mr. Jamison:
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 84, Parcel 71A is a parcel of record which has three (3) theoretical
development rights. The basis for this determination follows.
Our records indicate Tax Map 84, Parcel 71A contains 6.420 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 3120, page 246.
This analysis begins with the deed of record in Deed Book 269,, page 306 that is dated
July 26, 1946. The deed contains a detailed description of "Tract No. 2 containing 6
acres more or less...". This deed conveys the 6 acres and another 12-1/8 acres from
Fox Brothers, Incorporated to Rollin M. Stanton, Jr. and Dorothy Anne Stanton, his wife.
This deed establishes the 6 acre tract as a parcel of record. 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 84, Parcel 71A is
determined to be a parcel of record with three (3) theoretical development rights.
Deed Book 1239, page 61, dated July 14, 1992, conveyed, among other land, "Tract
No. 2 containing 6 acres, more or less," from Rollin M. Stanton, Jr., widower, to Rollin
M. Stanton, Jr. and Rollin M. Stanton, III. The property is described as being the same
as was conveyed by Deed. Book 269, page 306. This transaction had no effect on the
parcels.
Deed Book 3120, page 246, dated December 7, 2005, conveyed 6.420 acres from
Rollin M. Stanton, III to Jacqueline Errecart and Austin Jamison. The property is
described as being the same as was conveyed by Deed Book 269, page 306 and
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2008\84-71A, LOD 2008-
007,Jamison.doc
shown on an attached boundary survey by Steven L. Key, Land Surveyor, dated
November 9, 1993. 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. 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.
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
IADEPT\Community DevelopmentToning & Current Development Division\Determinations of Parcel\2008\84-71A, LOD 2008- 2
007,Jamison.doc