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HomeMy WebLinkAboutLOD200700003 Letter of Determination 2014-03-20�`)OE AL �'IRGINLP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 30, 2007 Robert B. Rogers, Jr. 2100 Drover's Lane North Garden, VA 22959-1530 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 86, Parcel 16E Samuel Miller Magisterial District (Property of Robert B. Rogers, Jr. Declaration of Trust) Section 10.3.1 Dear Mr. Rogers: 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 86, Parcel 16E has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 86, Parcel 16E contains 13.581 acres and zero dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3067, page.689. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 560, page 411 and is dated July 3, 1974. This deed conveyed 65.633 acres from Constance A. Elliott and Richard D. Anderson, Jr., Administrators c.t.a of the Estate of Constance B. Anderson to Richard D. Anderson, Jr. The parcel is shown on a plat by R. O. Snow, dated March 5, 1974. This same plat also shows Parcel C, containing 13.581 acres. This deed established the 13.581 -acre parcel, designated as Parcel 16E on Tax Map 86, as a parcel of record with five (5) development rights. Deed Book 717, page 203, dated April 28, 1981, contains a Deed of Partition in which Constance A. Elliott & Frank B. Elliot conveyed their separate interests in property to Richard D. Anderson, Jr. & Nancy F. Anderson. Among the parcels that are the subject of this deed is the 13.581 -acre parcel described as Parcel C on the plat attached to the deed recorded in Deed Book 560, page 411. This transaction had no effect on the \\Cob-dts01\dtyviewlnk\Docs\2007Applications\2007 LODs\86-16E Rogers LOD 2007-3.doc Robert B. Rogers, Jr.0 D Match 30, 2007 Page 2 Deed Book 944, page 351, dated June 11, 1987, conveyed the interest in Parcel 16E from Richard D. Anderson, Jr. & Elizabeth C. Anderson to Robert Bruce Rogers, Jr. and Frances F. Rogers. The property is described by reference to Deed Book 560, page 414 and Deed Book 717, page 203. This transaction had no effect on the development rights of Parcel 16E. Deed Book 1281, page 162, dated December 15, 1992, conveyed the interest in Parcel 16E from Robert Bruce Rogers and Frances F. Rogers to Robert B. Rogers, Jr. The property is described by reference to Deed Book 560, page 414 and Deed Book 944, page 351. This transaction had no effect on the development rights of Parcel 16E. Deed Book 1907, page 315, dated April 3, 2000, conveyed the interest in Parcel 16E from Robert B. Rogers, Jr. to Robert B. Rogers, Jr., Trustee. The property is described by reference to Deed Book 560, page 414, Deed Book 944, page 351 and Deed Book 1281, page 162. This transaction had no effect on the development rights of Parcel 16E. Deed Book 3067, page 689 contains a Deed of Confirmation and Correction, dated August 25, 2005, between Robert B. Rogers, Jr., Robert B. Rogers, Jr., Trustee; and Rebecca Morgan Rogers. Parcel 16E is described by reference to Deed Book 560, page 414, Deed Book 944, page 351 and Deed Book 1281, page 162. This transaction had no effect on the development rights of Parcel 16E. 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. 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. Sincerely, John Shepherd Manager of Zoning Administration \\Cob-dts01 \cityview1nk\Docs\2007 Applications\2007 LODs\86-16E Rogers LOD 2007-3.doc Robert B. Rogers, Jr. March 30, 2007 Page 3 Copy: Gay Carver, Real Estate Supervisor \\Cob-dts01\cityviewlnk\Docs\2007 Applications\2007 LODs\86-16E Rogers LOD 2007-3.doc