HomeMy WebLinkAboutLOD200400044 Legacy Document 2014-03-27COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 30, 2004
Thomas and Sarah F. Donnelly
P.O. Box 57
Esmont, VA 22937
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 120, Parcel 17 (Property of Thomas or Sarah F. Donnelly) Section 10.3.1
Dear Mr. and Mrs. Donnelly:
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 120, Parcel 17 is a separate parcel of record with five (5) development rights.
The basis for this determination is summarized as follows:
Our records indicate Tax Map 120, Parcel 17 contains 161.590 acres and one dwelling.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 661, page 174.
The most recent deed for this parcel recorded prior to the adoption of the zoning
ordinance, December 10, 1980 is recorded in Deed Book 661, page 174 and is dated
December 11, 1978. This deed conveyed 161 acres from Douglas L. Forsyth to Thomas
Donnelly and Sarah F. Donnelly. The property is identified as Arrowhead Farm and
described as being the remaining portion of the "Arrowhead" tract devised to the said
Douglas L. Forsyth by his mother, Lena L. Forsyth, by her will dated May 31, 1951, and
of record in Will Book 41, page 458. There is no other deed book reference in this deed.
Based on this deed, Tax Map 120, Parcel 17 is determined to be a parcel of record
with five (5) theoretical development rights.
This parcel is entitled to the noted development rights 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, the property may create as many parcels containing a minimum of
21 acres as it has land to create.
Thomas and Sarah F. Donnelly
December 30, 2004
Page 2
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.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: McChesney Goodall, Coordinator of the ACE Program
Gay Carver, Real Estate Department
Reading Files
TM -P
Acreage
Division rights for 21
Development rights
acre minimum
parcels
TM 120-17
161.59
7
5