HomeMy WebLinkAboutACE200800008 Letter of Determination 2007-02-21�� pF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
February 21, 2007
John O. Barksdale
140 Crestmont Drive
Madison, VA 22727
Fax (434) 972 -4126
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 100, Parcel 34 Samuel Miller Magisterial District (Property of Barksdale
Farm Partnership L.P.) Section 10.3.1
Dear Mr. Barksdale:
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 100, Parcel 34 has three (3) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 100, Parcel 34 contains 153.010 acres and 1 dwelling.
The property is located in the Samuel Miller Magisterial District. The property is not in
an Agricultural and Forestal District. The most recent recorded instrument for this
property is recorded in Deed Book 1560, page 498.
Deed Book 1022, page 400 contains a consent order for partition and allotment of real
estate, entered October 17, 1988, in the case of James Lewis Barksdale and Carol
McAllister, Debtors v. James Lewis Barksdale, et als. Section III of the order partitioned
and allotted Tract 1 as shown on the partition plat by W. Morris Foster that is dated
dated September 15, 1987 and revised on January 15, 1988 that is attached to the
deed. The plat shows that Tract 1 contains 153.01 acres notes that Tract 1 may be
divided into 3 lots of less than 21 acres each. On the basis of this order, it is
determined that the 153.01 -acre parcel contains three (3) development rights.
Deed Book 1560, page 498, dated August 16, 1996, conveyed 153.01 acres from John
O. Barksdale and Virginia G. Barksdale to Barksdale Farm Partnership, L.P. The
property is described as being designated as Tract 1 on the plat by Morris Foster that is
dated September 15, 1987 and recorded in Deed Book 1022, page 411 — 412. This
transaction had no effect on the parcel.
The parcel is 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
I: \DEPT\BCZS \Determin of Parcel\2007 \100 -34 Barksdale ACE LOD- 2006- 38.doc
John O. Barksdale
February 21, 2007
Page 2
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: Gay Carver, Real Estate Supervisor
McChesney Goodal, ACE Program Coordinator
I: \DEPT \BCZS\Determin of Parcel\2007 \100 -34 Barksdale ACE LOD- 2006- 38.doc