HomeMy WebLinkAboutLOD199100018 Letter of DeterminationAl,
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901 -4596
(804) 296 -5875
October 18, 1991
Gail Pickford
230 Court Square
Charlottesville, VA 22901
RE: Property of Charles Kincannon
Tax Map 94, Parcel 21
Dear Mr. Pickford:
This acknowledges receipt of yours of September 27th. After these
several letters on this issue, I hope it becomes clearer and not
less so. This should clarify my letter of September 26th.
I have spoken with Jan Sprinkle,. and have confirmed that we share
the same interpretation. We both agree that while use of this
property's development rights is limited.in terms of aggregate
acreage, use of all allocated development rights is not precluded.
Therefore, it fails that test which if satisfied, would allow an
exception to the aggregate acreage limitation. There is no
exception this property would enjoy.
Section 10.3.1 states
Regulations in section 10.5 governing development by right
shall apply to the division of a parcel into five (5) or fewer
lots of less than twenty -one (21) acres in area and to the
location of five (5) or fewer dwelling units on any parcel in
existence at the time of adoption of this ordinance; provided
that the aggregate acreage devoted to such lots or development
shall not exceed thirty -one (31) acres, except in such case
where this aggregate acreage limitation is precluded by other
provisions of this ordinance. Nor shall such aggregate acreage
limitation preclude exercise of division rights in such case
where division rights have been allocated by division of land
since adoption of this ordinance but prior to the effective
date of this provision in such manner as to preclude compliance
with this- pr--ovision- V- pr- ovided that_, wher -e___po_ss.ible,_the_residue_
acreage following exhaustion of division rights shall be
twenty -one (21) acres or more.
October 18, 1991
Gail Pickford
Page 2
Webster's dictionary defines "preclude" as "to make impossible by
necessary consequence." This property can exercise all
development rights and comply with the aggregate acreage
limitation. There is no requirement of aggregate acreage maximum
or other ordinance provision, that I.am aware of, that would
preclude any or all development rights allocated.
If you have any questions please feel free to contact me at your
convenience. Should you chose to appeal this.decision, or to
request reconsideration, you shall have the burden of proving that
rights are precluded, and therefore division is exempt from
Section 10.3.1.
Sincerely,
Amelia M. Patterson
Zoning Administrator
AMP /sp
cc: Charles D. Kincannon
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