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HomeMy WebLinkAboutLOD198900004 Letter of Determination�y COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901 -4596 (804) 296 -5875 December 19, 1989 Lindsay R. Barnes, Jr. McCallum & Kudravetz, P.C. P. 0. Box 224 Charlottesville, VA 22902 Frederick W. Payne, Jr. 412 East Jefferson Street, Suite B Charlottesville, VA 22901 James L. Camblos, III Camblos and Camblos 410 East Jefferson'Street Charlottesville, VA 22901 Re: Sherwood Farms - Tax Map 76N, Parcels 8 and 8A: Properties of Hurt, Stoneburner and Reynolds /Pratt OFFICIAL DETERMINATION TO REVERSE THAT OF JUNE 16, 1989 Dear Gentlemen, Please forgive my delay in this written record of that which I have discussed verbally with each of you. This is an official determination to reverse my prior determination as to the "legal parcel of record ", as stated in my letter of June 16, 1989 to Charles W. Hurt and Shirley L. Fisher, Trustees of Virginia Land Trust. It is my determination that each of these three (3) pieces of property constitute a separate legal parcel of record. This reversal is based on actions by County Officials to a) recognize these as separate parcels for taxing and mapping purposes, and to b) issue a building permit for a substantial improvement on the Stoneburner property. It is my opinion and that of the County Attorney that the County is estopped to assert the "violation" due to the actions of its officials in this case. Sherwood ' December Page 2 Farms Letter 19, 1989 In regards to development rights: the three parcels possess in total three development rights. This is as stated on the plat by William Morris Foster entitled "Plat Showing Tracts One through Five In Sherwood Farms" dated revised March 17, 1986. I concur with Mr. Barnes as stated in his letter of November 27, 1989: the 1.5 acre parcel possesses one (1) theoretical development right. It may however be unbuildable, and therefore the additional development right could be re- allocated. Once further information is available regarding this parcel's slopes and suitability for septic systems, it can be better addressed. The plat which was recorded for the sale of the parcel to the Reynolds /Pratt owners requires a recorded correction. The "Boundary Survey Showing A Portion of Parcel 01 -8 . . ." dated May 3, 1988 by B. Aubrey Huffman & Associates, Ltd. shows subdivision of this parcel into the 11.2671 acre main tract and a 0.8665 acre bridle path. Mr. Payne, I am certain is aware of the many options available for resolution of this minor item. In closing, let me apologize for the inconvenience and difficulties caused by my previous determination. I appreciate the input by each of you to resolve the situation. If you should have any further questions, please do not hesitate to contact me. Sincerely, n), PA"', Amelia M. Patterson zoning Administrator AMP /st cc: Gay Carver, Real Estate Dept. Wayne Cilimberg, Director of Planning File