HomeMy WebLinkAboutLOD200900021 Letter of Determination 2010-01-27COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
January 27, 2010
Tim Michel
1520 W. Pines Drive
Charlottesville VA 22901
Fax (434) 972-4126
RE: LOD2009-00021 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -
Tax Map 35, Parcel 16C (Property of MARC C or JENNY B SPALDING) Rivanna
Magisterial District
Dear Mr. Michel:
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 35, Parcel 16C is one (1) parcel of record with five (5) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 35 Parcel 16C contains 28.308 acres and zero (0)
dwellings. The property is not in an Agricultural and Forestal District.
The most recent deed for this property, recorded prior to December 10, 1980, the date
of adoption of the Zoning Ordinance, is recorded in Deed Book 505, page 90 and is
dated December 22, 1971.
Deed
Date
Parcel Change
Description
Acres
Developmen
Book / Pae
Y or N
t Rights
505/90
12/22/1971
N
One of three tracts. This tract
222.67
contained 222.67ac
1270/256
11/10/1992
Y
222.668ac - divided to create
139.65
5
83.018ac with a 139.65ac residue
1427/723
08/23/1994
Parcel created
139.65ac - showing boundary
28.308
5
survey of 28.308ac with 111.344ac
111.344
5
residue on western side of Route 20
The approval by the County of the plat that was recorded in Deed Book 1427, page 723
considered the findings of Sanford v. Albemarle County Board of Zoning Appeals which
recognized parcels physically separated by a public road to be separate parcels of
record. On the basis of this deed Tax Map 35, Parcel 16C is determined to be a
28.308 acre parcel of record with five (5) development rights.
a Fi
January 27, 2010
LOD-2009-00015
Page 2 of 2
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
are theoretical in nature but do represent the maximum number of lots containing less
than twenty one acres allowed to be created by right.
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.
Sincere)
Francis H. MacCall
Senior Planner
Copy`. Cheri Roberts, Property Transaction Technician
Ella Jordan, Clerk of the Board of Supervisors