HomeMy WebLinkAboutLOD200700018 Letter of Determination 2014-03-20COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 20, 2007
Ms. Lisa Carpenter
3296 Doctor's Crossing
.Charlottesville, VA 22911
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 89, Parcel 77 (Property of Francis E. Carver) Samuel Miller Magisterial
District
Dear Ms Carpenter:
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 89, Parcel 77 is one (1) parcel of record that has four (4) theoretical
development rights. The basis for this determination follows.
Our records indicate Tax Map 89, Parcel 77 contains 8.4.10 acres and two dwellings.
The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 879, page 226.
This analysis begins with the deed of record in Deed Book 265, page 579 that is dated
November 20, 1945. The deed conveyed the original 11.41 acres from George A. &
Ruth T. Morrison to Forrest William & Dora C. Carver. This established the original
parcel of record.
Deed Book 391 page 380, dated September 16, 1963, conveyed 3 acres off of the
parent parcel from Forrest W. & Dora C Carver to Grover C. & 011ie C. Clements. The
land is described as a portion of the land conveyed to the Carvers in Deed Book 265,
page 579. This is the most recent instrument:for this parcel recorded prior to the
adoption of the Zoning Ordinance, December 10, 1980. The deed left the residue of
8.41 acres known as Tax Map 89, Parcel 77. Based on this deed, Tax Map 89,,
Parcel 77 is determined to be a parcel of record with four (4) development rights.
Deed Book 879, page 226, dated January.23, 1986, conveyed the 8 acres, more or
less, from all the surviving children of Forrest W. & Dora C. Carver to Forrest Wayne &
Fran cis-C-arver—T-he-prope rty-is-desc-r-ibed-as-being-the-same as -was -conveyed -by Deed
.Book 265; page 579. This transaction had no effect on the parcel.
I:\DEPT\Community Development2oning &Current Development Division\Determinations of Parcel\89-77 LOD 2007-18,
Carver.doc
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 containingless
than twenty one acres allowed to be created by right. In addition to the development
rights 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 y,
Ronald L. Higgins, AICP
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Francis E. Carver
I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\89-77 LOD 2007-18, 2
Carver.doc