HomeMy WebLinkAboutLOD200300006 Letter of Determination 2003-04-15FAX (434) 972-4126
April 15, 2003
Josh Goldschmidt
1224 Monticello Road
Charlottesville, VA 22902
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COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
TELEPHONE (434) 296-5832
TTD (434) 972-4012
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax
Map 34, Parcel 1 (Property of Virgil H. Marshall and Evelyn G. Marshall) Section
10.3.1
Dear Mr. Goldschmidt:
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 34, Parcel 1 is a parcel of record with five theoretical development rights. The
basis of this determination is summarized as follows.
Our records indicate Tax Map 34, Parcel 1 contains 32.42 acres and no dwellings. The
property is not in an Agricultural Forestal District. The most recent deed for this property
is recorded in Deed Book 471, page 441.
This determination begins with Deed Book 448, page 530, dated July 23, 1968. This
deed conveyed 32.42 acres from John A. Walker & Alice C. Walker and Roby G.
Janney & Marion C. Janney to John 0. Parks & Beatrice W. Parks. The property is
described in part as all of that certain tract or parcel of land, containing 32.42 acres as
shown on the attached plat by Frank A. Gregg, dated July 19, 1968, and being a part of
the same real estate that was conveyed to the Grantors by the deed ion Deed Book
406, page 348. This plat created and subdivided this separate 32.42 -acre parcel
from property that was described as six tracts of land in Deed Book 406 page 348.
The most recent deed for this property recorded prior to the date of the ordinance is
found in Deed Book 471, page 441, dated April 23, 1970. This deed conveyed 32.42
acres from John 0. Parks & Beatrice W. Parks to Virgil H. Marshall & Evelyn G.
Marshall. The property is described on a plat prepared by Frank A. Gregg, dated July
19, 1968, of record in Deed Book 448, page 532. This is the same property conveyed in
Deed Book 448, page 530. There have been no off conveyances since this transaction.
I:\DEPT\BCZS\Deterrnin of Parcel\34-1 Goldschmidt.doc
Josh Goldschmidt
April 15, 2002
Page 2 - -
On the basis of this deed, Tax Map 34, Parcel 1 is determined to be a parcel of
record with five (5) development rights.
The parcel can utilize these development rights only if all other applicable regulations
can be met. 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, one parcel containing a minimum of
twenty-one acres may be created if all other applicable regulations can be met.
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 that 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,
IZ41��
John Shepherd
Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department,
Reading File
Virgil H. Marshall and Evelyn G. Marshall
440 Oak Circle Farmington
Charlottesville, VA 229011
I:\DEPT\BCZS\Determin of Parcel\34-1 Goldschmidt.doc