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HomeMy WebLinkAboutLOD200700015 Letter of Determination 2014-03-21COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 11, 2007 Betty F. Strider Trust c/o William H. Strider 1380 Hermitage Road Waynesboro, VA 22980-6453 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map117, Parcel 5D (Property of the Betty F. Strider Trust) Samuel Miller Magisterial District Dear Mr. Strider: 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 117, Parcel 5D is a parcel of record and has five (5) theoretical development rights. The basis for this.determination follows. Our records indicate Tax Map 117, Parcel 5D contains 104.77 acres and no dwellings. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1574, page 693 as a Deed of Gift. This analysis begins with the deed of record in Deed Book 504, page 269 that is dated March 9, 1972. The deed conveyed 104.77 acres as described on the February 25, 1972 plat of R. O.. Snow, attached to that deed. This is also the most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. Based on this deed, Tax Map 117, Parcel 5D is determined to be a.parcel of record with five (5) development rights. Deed Book 1574, page 693, dated November 1, 1996, conveyed the same 104.77 acres from David V..Strider to Betty F, Strider, Trustee for the Betty F. Strider Trust. The property is described as being the same as was conveyed by Deed Book 504, page 269. This transaction had no effect on the parcel. The parcels are entitled to the noted development rights if all other applicable 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 I:\DEPT\Community.Development\Zoning & Current Development Division\Determinations of Parcel\2007\117-5D LOD 2007- 1 015 Strider.doc 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 accordancewith 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 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. Sin e y, onald L. Higgins, AICIP Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2007\117-51D LOD 2007- 2 015 Strider.doc