HomeMy WebLinkAboutLOD200600043 Letter of Determination 2014-03-27COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 21, 2007
John E. Russell
C/o Williams Mullen; P.C.
321 East MainStreet
Suite 400
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION DEVELOPMENT RIGHTS --.Tax Map 123, Parcels 17B and
26 (Property of Let It Go, LLC)
Dear Mr. Russell:
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 123, Parcel 17B has 5 theoretical development rights and Tax Map 123, Parcel 26 has 5
theoretical development rights. The basis for this determination follows.
Our records indicate Tax Map 123, Parcel 17B contains 16.476 acres and 1 (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 3212, pages 656-658.
This analysis begins with the deed of record in Deed Book 566, page 135 that is dated May .1, 1974. The
deed contains a description of the parcel as containing 16.476 acres and also a plat showing the
boundaries of the parcel.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance,December, 10, 1980, is recorded in Deed Book 566, page 135 that is dated May 1, 1974. The
deed conveyed 16:476 acres. Based on this deed, Tax Map 123, Parcel 17B is determined to be a
parcel of record with 5 (five) development rights.
Deed Book 1400 page 709, dated April 29, 1994, conveyed 16.476 acres from James L. Camp III to
James L. Camp N. The land.is described as the same as contained in Deed Book 566, page 135. This
transaction had no effect on the parcel.
Deed. Book 1648 page 189, dated October 2, 1997; conveyed 16.476 acres from James L. Camp IV to Let
it Be, LLC. The land is described as the same as contained in Deed Book 566, page 135. This
transaction had no effect on the parcel.
LLC. The land is described as the same as contained in Deed Book 566, page 137. This transaction had
no effect on the parcel.
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Our records indicate Tax Map 123, Parcel 26 contains 50.179 acres and 2 (two) dwellings. The property is
not in an Agricultural and Forestal District. The most recent recorded instrument for this property is
.recorded in Deed Book 3212, pages '656-658.
This analysis begins with the deed of record in Deed Book 484, page 452 that is dated February 13, 1971.
The deed contains a description of the parcel as containing 50.179 acres, more or less.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 484, page 452 that is dated February 13, 1971.
The deed conveyed 50.179 acres. Based on this deed, Tax Map 123, Parcel 17B is determined to be a
parcel of record with 5 (five) development rights.
Deed Book 1400 page 709, dated April 29, 1994, conveyed 50.179 acres from James L. Camp III to
James L. Camp N. The land is described as the same as contained in Deed Book 484, page 452. This
transaction had no effect on the parcel.
Deed Book 1648.page 189, dated October 2, 1997, conveyed 50.179 acres frorn,.James L. Camp N to Let
it Be, LLC. The land is described as the same as contained in Book 566, page 135. This transaction had
no effect on the parcel.
Deed Book 3212 page 656, dated May 18, 2006, conveyed 50.179 acres from Let it Be, LLC to Let it Go
LLC. The land is described as the same as contained in Book 566, page 137. This transaction had no
effect on the parcel.
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.
Sincerely,
William D. Fritz, AICP
Chief of.Zoning
Copy:.Gay Carver, Real Estate Supervisor
Ella Carey, Clerk of the Board of Supervisors
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