HomeMy WebLinkAboutLOD200700037 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 2007-00037 OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS --
Tax Map 57, Parcel 73B (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 73B has one (1) theoretical development right. The basis for this
determination follows.
Our records indicate Tax Map 57, Parcel 73B contains .331 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 751, page 549.
This analysis begins with the deed of record in Deed Book 465, page 530 that is dated
July 19, 1969 which conveyed .331 acres known as Parcel 1 from J. Lawrence Meem
Jr. to Lester J. Cappon. This established the .331 acres its an original parcel of
record.. This deed 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 57, Parcel 73131s determined to be a parcel of record with one (1)
development right.
Will Book 58, page 322 devised the .331 acres to Stanley Bernet Cappon as noted in
Deed Book 751, page 549, dated October 25, 1982.
Deed Book 751, page 549, dated October 25, 1982, conveyed .331 acres from Stanley
B. Cappon to J. Ramsey Martin and Barbara B. Martin. The property is described as
being the same as was conveyed by Deed Book 465, page 530: This transaction had
no effect on the parcels.
The parcels are entitled to the noted—development—rights if all oth-erapplicable
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
1
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,
William D. Fritz, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
2