HomeMy WebLinkAboutLOD200700036 Letter of Determination 2014-03-17 (2)COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 12, 2007
J. Alden English
P.O BOX 1288
Charlottesville, VA 22902
RE: LOD 2007-00036 OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS --
Tax Map 57, Parcel 73C2 (Property of J. RAMSEY MARTIN) Samuel Miller. .
Magisterial District
Dear Mr. English:
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 57, Parcel 73C2 has four (4) theoretical development rights. The basis for this
determination follows:
Our records indicate Tax Map 57, Parcel 73C2 contains 9.54 acres and zero (0)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 830, page 727.
This analysis begins with the deed of record in Deed Book 473, page 303 that is dated
June 18, 1970 which is a "Statement of Subdivision" by J. Lawrence Meem Jr. and
Buena Vista S. Meem that created parcels A, B, C, D and E. The 9.54 acres known as
Parcel D was one of five parcels created. This established the 9.54 acres as an
original parcel of record.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 692, page 308, and is dated
April 15, 1980. The deed conveyed 9.54 acres known as Parcel D from J. Lawrence
Meem Jr. and Buena Vista S. Meem to Jeffery W. Sobel and Linda L. Martin. Based on
this deed, Tax Map 57, Parcel 73C2 is determined to be a parcel of record with
four (4) development rights.
Deed Book 830, page .727, dated March 18, 1985, conveyed 9.54 acres from Jeffery W.
Sobel and Linda L. Martin to J. Ramsey Martin and Barbara B. Martin. The property is
described as being the same as was conveyed by Deed Book 473, page 308A and
Deed -Book 692; page 308.—T-his=tr-ans-action-had-no-effect on -the -par -cels.
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.
Sincerely,
G�1 1 ..
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William D. Fritz, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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