HomeMy WebLinkAboutLOD200900009 Letter of Determination 2009-12-01A - -- —
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COUNTY OF ALBEMARLE _
_Department of -Community -Development-
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
November 30, 2009
Holmes C. Brown
1894 Stillhouse Creek Road
Afton, VA 22920
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 85,
Parcel 39 (Property of Holmes C. Brown) Samuel Miller Magisterial District
Dear Mr. Brown:
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 85, Parcel 39 has five (5) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 85, Parcel 39 contains 220.42 acres and no dwellings.
The property is in the High Mowing Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 645, page 149.
This analysis begins with the deed of record in Deed Book 645, page 145 that is dated
March 21, 1978. The deed contains a description of Tax Map 85, parcel 39 as being the
present day TMP 85-39 "which lies east of the center line of Stillhouse Creek ... less that
--part-which lies -northwest of the center -tine of State -Route 693. The part withheld-bythe -
grantors consisted of 40 acres, more or less, and was the "Home Place". This deed
established the present day Tax Map 85, parcel 39 as a parcel of record.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 645, page 149, and is dated
April 21, 1978. The deed conveyed "the Eastern Tract" which consisted of a portion of
Tax Map 85, Parcel 39, less the 40 acre "Home Site", being the same as was conveyed
in Deed Book 645, page 145. Based on this deed, Tax Map 85, Parcel 39 is
determined to be a parcel of record with five (5) theoretical development rights.
The parcers-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
I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2009\85-39 LOD2009-009 1
Brown.doc
right lots, the parcel may create as many smaller parcels containing a minimum of
�VYenty-ane-ac-Fes-a-s-it has land to r�aake.
If you are -aggrieved by this determination, you havea right=to a=ppeal �t-within thirty -da=y -s
_o-the_date-n-otice-of-this d-eterm.in-at: o.n_-is giv-en, i -n --a.cco-r=da.n:ce--with-S_e-cti_o_n-1-5 231 -1 -off —
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be onlyby 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.
Ifyou-have any questions, please- contact me.- --
Sincerely,
onald L. Higgins, AICP
Chief of Zoning
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
I:\DEPT1Community Development2oning & Current Development Division\Determinations of Parcel\2009\85-39 LOD2009-009 2
Brown.doc