HomeMy WebLinkAboutLOD200100006 Letter of Determination�X
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COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (804) 972-4126 TELEPHONE (804) 296-5832 TTD (804) 972-4012
August 10, 2001
Steven W. Blaine
LeClair Ryan
123 East Main Street, 8th Floor
Charlottesville, VA 22902
Re: Official Determination of Number of Development Rights —
Verulam Farm (Tax Map 74, Parcel 17)
Dear Mr. Blaine,
This is to confirm for the record, that this tax map parcel (74-17) has a total of nine (9)
theoretical development rights. In addition, the residue can be divided into -a maximum
of approximately 25 parcels of at least 21 acres in size. I will explain the basis for this
determination in the proceeding.
The decision that these development rights exist is based on the most recent recorded
plat and deed for this property and on case law relating to public roads subdividing
properties. The relevant plat by Roudabush, Green & Gale, Inc is dated June 13, 1984,
last revised August 25, 1986 and is signed for approval by the County on August 28,
1986. It is recorded with the deed (deed book 896, page 208) which conveys the
property from Verulam Farm Limited Partnership to Peter D. Nielsen. This plat notes a
total of four (4) development rights for the 550.73 acres now known as tax map 74,
parcel 17. In addition, there are 5 further development rights associated with parcel 18
based on case law, for a total of nine {9) for the property. .
The plat notes "all 5 rights allocated to parcel 18 are to remain with the residue of that
parcel." This note would indicate that parcel 18 was conveyed without any development
rights. However, this plat was approved by the County in 1986 prior to 1990 case law
relating to public roads subdividing parcels (and establishing associated development
rights) and it is not correct. The 1990 case Ann H. Sanford v. Board of Zoning Appeals
of Albemarle County, Virginia Case 3984-L stood for the finding that the presence of
property owned by others or dedicated to public use which physically separates the
ownership and use of property, such as a public road traversing a parcel, serves to
Letter to Steven W. Blaine
Official Determination of Number of Development Rights
August 10, 2001
Page 2
subdivide it in fact. The Sanford case relies on the finding in City of Winston Salem v.
Tickle, 281 SE 2d 667 of the North Carolina Court of Appeals (1981). Prior to
December 10, 1980, Parcel 18 existed in two physically separate pieces which were
divided by Interstate 64. Therefore, the southern piece of parcel 18 with the majority of
the acreage (noted as the residue) and the northern piece of 13.94 acres (noted as
portion of parcel 18) are two separate parcels, each with five (5) development rights.
The development rights for 74-17 are compiled as follows:
536.37 acre residue of parcel 17 has 3 development rights {122.13 acre parcel A
residue has remaining 2 development rights};
• 13.94 acre portion of parcel 18 has 5 development rights based on case law (see
preceding)
• 0.42 acre parcel 16 has 1 development right*
9 development rights total
*For the 0.42 acre parcel 16 to have an actual development right, it must in fact be
buildable.
If anyone is aggrieved by this determination, they have a right to appeal it within thirty
(30) days of the date notice of this determination is given, in accordance with Section
15.2-2311 of the Code of Virginia. If they 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 $95. The date notice of this determination was given is specified above.
If you have any questions, please contact me.
Sincerely,
94J�7/
Amelia G. McCulley A.I.C.P.
Zoning Administrator