HomeMy WebLinkAboutLOD200400026 Legacy Document 2011-02-22�'IRGIN1P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227__
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 8, 2004
Tara Rowan Boyd
LeClair Ryan
Post Office Box 2017
Charlottesville, VA 22902-2017
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS- Tax Map 102, Parcel
39 (Property of Kluge Estate Winery and Vineyard, L.L.C.) Section 10.3.1
Dear Ms. Boyd:
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 102, Parcel 39 contains five (5) development rights. The basis for this
determination is provided below.
Our records indicate Tax Map 102, Parcel 39 contains 94.260 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 2696, page 734.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 515; page 325 and is dated September
19, 1972. This deed conveyed 94.26 acres from R. Roy Howard to Thomas H.
Oxenham, Jr., Trustee for Mary Lou Howard Smith. The parcel is shown on a plat of
survey made on February 16, 1932 by M. M. Van Doren that is attached to this deed on
page 328. On the basis of this deed, it is determined that this 94.26 -acre parcel is
a lot of record with five (5) development rights.
Deed Book 1894, page 561, dated January 20, 2000, conveyed the 94.26 acres from
Gary C. McGee, Successor Trustee to Mary Lou Howard Smith. This is the same
property that was shown on the plat recorded in Deed Book 515, page 328. This
transaction has no effect on the status of this parcel or on its development rights.
IADEPT\BCZS\Determin of Parcel\102-39 Kluge.doc
Tara Rowan Boyd
September 8, 2004
Page 2
Deed Book 1894, page 568, dated January 20, 2000, conveyed 94.26 acres from Mary
Lou Howard Smith to PDR Properties, LLC. This is the same property that was shown
on the plat recorded in Deed Book 515, page 328 as well as by the deed recorded
immediately prior hereto. This transaction has no effect on the status of this parcel
or on its development rirthtcu
Deed Book 2366, page 489, dated September 20, 2002, contains a corrected deed that
conveyed 94.26 from PDR Properties, LLC to House and Garden Company, LLC. This
is the same property that was conveyed by the deed that is recorded in Deed Book
1894, page 568. This transaction has no effect on the status of this parcel or on its
development rights.
Deed Book 2696, page 734 contains a Certificate changing the name of House and
Garden Company, LLC. to Kluge Estate Winery and Vineyard, LLC. This name change
has no effect on the status of this parcel or on its 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 to the development right lots, a "parent parcel' may create as many
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
$120.00. 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
Copy: Kluge Estate Winery and Vineyard LLC
3414 Ellerslie Drive
Charlottesville, VA 22902
Gay Carver, Real Estate Department
Reading File 102-39
I:\DEPIMCMDetermin of Parce1\102-39 Kluge.doc