HomeMy WebLinkAboutLOD200600044 Letter of Determination 2014-03-25�'IRGINIP
COUNTY 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 Main Street
Suite 400
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map
123, Parcels 40A, 40B and 40C1, (Property of The Hardware River Land Trust)
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 40A has 5 theoretical development rights and Tax Map 123, Parcel 40B has 2
theoretical development rights and Tax Map 123, Parcel 40CI has 2 theoretical development rights. The
basis for this determination follows.
Our records indicate Tax Map 123, Parcel 40A contains 10.008 acres and 0 (zero) dwellings. The
property is not in an Agricultural and Forestal District. The most recent recorded instrument for this
property is recorded in Deed Book 1840 page 294.
This analysis begins with the deed of record in Deed Book 640, page 481 that is dated January 10, 1978.
The deed contains a description and plat of the property.
Deed Book 1840 page 294, dated June 29`i' 1999, conveyed 10.008 acres from William Thomas
Muncaster and Gloria Schwartz Muncaster to The Hardware River Land Trust. The land is described as
the same as contained in Deed Book 640, page 481.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 640, page 481, and is dated January 10, 1978.
The deed conveyed 10.008 acres known as Lot One. Based on this deed, Tax Map 123, Parcel 40A is
determined to be a parcel of record with 5 (five) development rights.
Our records indicate Tax Map 123, Parcel 40B contains 5.181 acres and 0 (zero) dwellings. The property
is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is
recorded in Deed Book 1840 page 294.
The deed contains a description and plat of the property.
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Deed Book 1840 page 294, dated June 29`I' 1999, conveyed 5.181 acres from William Thomas Muncaster
and Gloria Schwartz Muncaster to The Hardware River Land Trust. The land is described as the same as
contained in Deed Book 640, page 481.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 640, page 481, and is dated January 10, 1978.
The deed conveyed 5.181 acres known as Lot Two. Based on this deed, Tax Map 123, Parcel 40A is
determined to be a parcel of record with 2 (two) development rights.
Our records indicate Tax Map 123, Parcel 40C1 contains 5.112 acres and 0 (zero) dwellings. The property
is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is
recorded in Deed Book 1840 page 294.
This analysis begins with the deed of record in Deed Book 640, page 481 that is dated January 10, 1978.
The deed contains a description and plat of the property.
Deed Book 1840 page 294, dated June 29"' 1999, conveyed 5.112 acres from William Thomas Muncaster
and Gloria Schwartz Muncaster to Tile Hardware River Land Trust. The land is described as the same as
contained in Deed Book 640, page 481.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 640, page 481, and is dated January 10, 1978.
The deed conveyed 5.112 acres known as Lot Three. Based on this deed, Tax Map 123, Parcel 40A is
determined to be a parcel of record with 2 (two) development rights.
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 tirnely 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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