HomeMy WebLinkAboutLOD200900015 Letter of Determination 2010-01-27b$
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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
December 10, 2009
Lee Rasmussen
McCallum & Kudravetz, P.C.
250 E. High Street
Charlottesville VA 22902
RE: LOD-2009-00015 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -
Tax Map 112, Parcel 37D (Property of VIEWMONT FARM LAND TRUST) Scottsville
Magisterial District
Dear Mr. Rasmussen:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 112, Parcel 37D is one (1) parcel of record with five (5) theoretical
development rights. The basis for this determination follows.
Our records indicate Tax Map 112, Parcel 37D contains 43 acres and zero (0)
dwellings. The property is in the Carter's Bridge 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 559, page 330 and is
dated June 12, 1974.
Deed Book and Page numbers and acreage listed in bold refers to the creation of the
parcel or the applicable Deed Book when the parcel is listed with other parcels in the
nesrrintinn rnlumn.
Deed
Date
Parcel Change
Description
Acres
Development
Book / Pae
Y or N
Ri hts DRs
365/19
12/30/1960
Parcel created
40ac, more or less, conveyed in
40
gross and not by the acre
456/455
03/19/1969
N
nospecific area noted for the 40ac
"
559/330
06/12/1974
N
819.92ac. consisting of land
"
conveyed in DB 266/7(763ac),
323/587, 365/19 (40ac & 20ac) &
456/455 (40ac), & 301/243 (20ac)
Listed as Tax Map 112 Parcel 37D
872/272
03/27/1986
N
819.92ac. (composed of 31.04ac
5
and 788.88ac). No specific area
noted for the 40ac. Listed as Tax
Map 112 Parcel 37D
December 10, 2009
LOD-2009-00015
Page 2 of 2
2029/255 01/08/2001 N
No specific area noted for the 40ac. _ " 5
K
Listed as 820.087ac as shown on
survey consisting of multiple parcels
including Tax Map 112 Parcel 37D
2712/325 03/22/2004 N
5
3154/87 02/02/2006 N
5
On the basis of these deeds Tax Map 112, Parcel 37D is determined to be a 40
acre parcel of record with five (5) development rights.
MAP
ACRES
K
40 acres I five (5) development rights
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