HomeMy WebLinkAboutACE200700004 Correspondence Letter of Determination 2008-01-03�l �F AL &�
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v /RGIN�P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
January 3, 2008
Peter Duntell
P O Box 89
North Garden, VA 22959 -0089
RE: LOD- 2007 -00046 OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS -- Tax Map 99, Parcels 36C & 38 (Property of PETER
DUTNELL) Samuel Miller Magisterial District
Dear Mr. Duntell:
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 99, Parcels 36C and 38 are parcels of record and have collectively a total of
ten (10) theoretical development rights, as outlined in the following table:
Tax Map - Parcel
Acreage
Development Rights
TMP 99 -36C
89.883 Acres
5
TMP 99 -38
62.998 Acres
5
Total
10
The basis for this determination follows:
Tax Map 99 Parcel 36C
Our records indicate Tax Map 99, Parcel 36C contains 89.883 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 3039, page 604.
This analysis begins with the deed of record in Deed Book 629, page 562 that is dated
April 20, 1977. This is the most recent instrument of record prior to the adoption of the
Zoning Ordinance, December 10, 1980. The deed states that 105.5 acres is conveyed
from Central Virginia Real Estate Inc. to Jonathan C. Eagle save and except 15.617
acres. This left 89.883 acres known today as Tax Map 99, Parcel 36C. This
established the original parcel of record. Based on this deed, Tax Map 99, Parcel
36C is determined to be a parcel of record with five (5) development rights.
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Deed Book 1330, page 187, dated July 28, 1993, conveyed 89.883 acres from
Jonathan C. Eagle to Peter Duntell and Adele J. Poggi. The property is described as
being the same as was conveyed by Deed Book 629, page 562. This transaction had
no effect on the parcels.
Deed Book 3039, page 604, dated July 20, 2005, conveyed 89.883 acres from Peter
Duntell and Adele J. Poggi to Peter Duntell. The property is described as being the
same as was conveyed by Deed Book 1330, page 187. This transaction had no effect
on the parcels.
Tax Map 99 Parcel 38
Our records indicate Tax Map 99, Parcel 38 contains 62.998 acres and one (1) dwelling.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 3039, page 604.
This analysis begins with the deed of record in Deed Book 288, page 281 that is dated
March 24, 1950. This is the most recent instrument of record prior to the adoption of the
Zoning Ordinance, December 10, 1980. The deed conveyed 60.25 acres known as
"Tract B" from E.L. Knight and Cornelia G. Knight to Walter G. Faris and Lutie B. Faris.
This established the original parcel of record. Based on this deed, Tax Map 99,
Parcel 38 is determined to be a parcel of record with five (5) development rights.
Deed Book 1094, page 312, dated March 19, 1990, conveyed 62.998 acres, particularly
designated and described on a plat made by Gary IVI. Whelan, C.L.S. dated March 22,
1990, from Lutie B. Faris to Peter Duntell and Adele J. Poggi. The property is described
as being the same as was conveyed by Deed Book 288, page 281. This transaction
had no effect on -the parcels.
Deed Book 3039, page 604, dated July 20, 2005, conveyed 62.998 acres from Peter
Duntell and Adele J. Poggi to Peter Duntell. The property is described as being the
same as was conveyed by Deed Book 1094, page 312. 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.
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If you have any questions, please contact me.
Sincer ly,
nald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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