HomeMy WebLinkAboutACE200700009 Letter of Determination 2008-01-03`"-� �IRGINIP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone(434)296 -5832
January 3, 2008
Oden L. Cornwell
8968 Langhorne Road
Esmont, VA 22937 -2229
Fax(434)972 -4126
RE: LOD- 2007 -00045 OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS -- Tax Map 134, Parcel 7A (Property of ODEN L.
CORNWELL Jr.) Scottsville Magisterial District
Dear Mr. Cornwell:
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 134, Parcel 7A is a parcel of record and has one (1) theoretical development
right. The basis for this determination follows:
Our records indicate Tax Map 134, Parcel 7A contains 80.00 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 3160, page 392.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance December 10, 1980, is recorded in Deed Book 402, page 361, and is dated
November 2, 1964. Parcel 7A was a portion of a 311.38 acre tract that was conveyed in
Deed Book 402, page 361 from Spring Valley Farm Corporation and Charles W. Hurt
and Letitia H. Hurt to Emil Schmidt and Ruth Schmidt. Based on this deed, on
December 10, 1980 Tax Map 134, Parcel 7 is determined to have been a parcel of
record with five (5) development rights.
Deed Book 784, page 345 that is dated December 14, 1983 conveyed 80.00 acres from
Emil Schmidt and Ruth Schmidt to The Antonin Corporation. One (1) development right
was conveyed with the 80.00 acres as described on the plat dated December 6, 1983
by Gary Whelan. It is this transaction that establishes the current number of
development rights as one (1) for Tax Map 134, Parcel 7A.
Deed Book 3160, page 392, dated February 14, 2006 conveyed 80.00 acres from The
Antonin Corporation to Oden L Cornwell. The property is described as being the same
as was conveyed by Deed Book 784, page 345. This transaction had no effect on the
parcels.
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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.
Sincer
Ronald L. Higgins, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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