HomeMy WebLinkAboutLOD200800027 Letter of Determination 2009-02-11o$��or Alg�9
r'IRG1
COUNTY OF ALBFMARLF
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 29, 2008
Sarah Magerfield
P.O. Box 215
Ivy, VA 22945
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 73, Parcel 42 & 42A (Property of Sarah White Magerfield) Samuel Miller
Magisterial District
Dear Ms. Magerfield:
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 73, Parcel 42 contains five (5) theoretical development rights and Tax Map 73,
Parcel 42A contains Five (5) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 73 Parcel 42 contains 38 acres and zero dwellings. The
property is in the Hardware Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 687, page 748.
Our records indicate Tax Map 73 Parcel 42A contains 70.860 acres and one dwelling.
The property is in the Hardware Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 3617, page 671.
The most recent instrument for these two parcels recorded prior to the adoption of the
Zoning Ordinance, December 10, 1980, is recorded in Deed Book 687, page 748. This
deed, dated January 2, 1980, conveyed 38 acres from James G. White, III and Sara J.
White to Sarah White Magerfield. This deed also conveyed 75 acres to James A.
Magerfield and Sarah White Magerfield. The 38 -acre tract and the 75 -acre tract are both
described by reference to Deed Book 299, page 300. On the basis of this deed, the
38 -acre tract, designated as T.M. 73-42, is determined to be a separate parcel of
record containing five (5) theoretical development rights. The 75 -acre tract,
designated as T.M. 73 — 42A is also determined to be a parcel of record with five
(5) development rights.
lADEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2009\LOD2008-0
Magerfield 73-42 & 42A.doc
Sarah Magerfield
January 29, 2008
Page 2
Deed Book 2870, page 552, dated October 13, 2004 conveyed 75 acres from James A.
Magerfield to Sarah White Magerfield. The property is described as being the same as
was conveyed by the deed of record in Deed Book 687, page 748. This transaction
had no effect on the development rights of the parcel.
Deed Book 3617, page 666, dated June 17, 2008, conveyed 4.14 acres from Sarah
White Magerfield to Paul Jasiurkowski and Barbara Jasiurkowski . The property is
shown on a boundary line adjustment plat by Roger W. Ray & Assoc., Inc. revised on
January 29, 2008. The plat shows the transfer of 4.14 acres from Parcel 42A to Parcel
37C7. The plat notes that no development rights are being added with Parcel X. As a
result of this transaction T.M. 73 — 42A contains 70.86 acres and five (5)
development rights.
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,
John Shepherd
Manager of Zoning Administration
Copy: Cheri Roberts, Property Transaction Technician
McChesney Goodall, ACE Program Coordinator
I:\DEPT\Community Development2oning & Current Development Division\Determinations of Parcel\2009\LOD2008-0
Magerfield 73-42 & 42A.doc