HomeMy WebLinkAboutLOD200800024 Letter of Determination 2009-01-20COUNTY OF ALBFMARLF
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 7, 2009
James Sterling Young & Virginia Heyer Young, Trustees
c/o 6152 Mannahoc Way
Ruckersville, VA 22968
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 20, Parcel 2B (Property of James Sterling Young Living Trust & Virginia
Heyer Young Living Trust) Whitehall Magisterial District
Dear Mr. & Mrs. Young:
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 20, Parcel 2B is a parcel of record which has five (5) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 20, Parcel 213, contains 42.328 acres and two dwellings.
The property, is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 3620, page 364.
This analysis begins with the deed of record in Deed Book 562, page 634 that is dated
October 2, 1974. The deed contains a plat by,Andrew P. Dunn, C.L.S., dated July 30,
1974 for the "Swift Run Farms" subdivision. This plat identifies Tax Map -Parcel 20-213
as "Parcel C", containing 42.32823 acres. This establishes Tax Map -Parcel 20-213 as
a parcel of record.
Deed Book 653, page 684, dated July 13, 1978, conveyed 42.32823 acres from Robert
O. & Nancy L. Brinkerhoff, husband & wife, to James S. & Virginia H. Young, husband &
wife. The land is described as being the same as was conveyed by Deed Book 562,
page 634. This 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
20, Parcel 2B is determined to be a parcel of record with five (5) theoretical
development rights.
Deed Book 3620, page 364, dated May 29, 2008, conveyed 42.32823 acres from.
James S. & Virginia H. Young, husband & wife, to the James Sterling Young Living
Trust and the Virginia Heyer Young Living Trust. The property is described as being the
same as was conveyed by Deed Book 653, page 684. This transaction had no effect
on the parcels.
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.
SincerY,
onald L. Higgins, AIC
Chief of Zoning
Copy: Real Estate Supervisor
James P. Waite
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