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HomeMy WebLinkAboutLOD200700024 Letter of Determination 2014-03-250 COUNTY OF ALBENIARLE Department Of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 229024596 Phone(434)296-5832 Fax(434)972-4126 September 11, 2007 Mr. Michael J. Tocci, Realtor 410 Valley Street, P. O. Box 471 Scottsville, VA 24590 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 121, Parcel 83 (Property of Joseph & Patricia Joann Sanders Pascarella, Trustees) Scottsville Magisterial District Dear Mr. Tocci: 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 121, Parcel 83 is a parcel of record and has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 121, Parcel 83 contains 12.888 acres and one dwelling. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1700, page 521. This analysis begins with the deed of record in Deed Book 531, page 118 that is dated May 1, 1973. This deed is also the most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980. The deed conveyed 13 acres more or less, known as Tax Map 121 , Parcel 83, from John F. & Eunice P. Thigpen to Frank Edward Stinchfield, Based on this deed, Tax Map 121. Parcel 83 is determined to be a parcel of record with five (5) development rights. Deed Book 952, page 369, dated July 15, 1987, conveyed 13 acres, more or less, from Frank Edward & Margaret Stinchfield to Joseph Pascarella & P. Joann Sanders. The property is described as being the same as was conveyed by Deed Book 531, page 118. This transaction had no effect on the parcels. Deed Book 1700, page 521, dated April 2, 1998, conveyed 13 acres, more or less, from Joseph F. & Patricia Joann Sanders Pascarella, now married, to themselves as Trustees of the Pascarella Revocable Family Trust. The property is described as being the same as was conveyed by Deed Book 952, page 369. This transaction had no effect on the parcels. I OEPTlCornrrujnity Development,Zoning &Current Development DivisionTetem,nations of Parce0007\121-83 LOD 2007- 024 Pascareila.doc 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 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. Ronald L. Higgins, AICIP Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor I:\DEPT\Community Development2oning & Current Development DivisiomDeterminations of Pamel\2007\121­83 LOD 2007- 2 �24 Pascarella.doc