HomeMy WebLinkAboutLOD200900016 Letter of Determination 2010-01-27AL
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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-2009-00016 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -
Tax Map 112, Parcel 21 (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 21 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 21 contains 22:5 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
nt=grrintinn nnlumn
Deed
Date
Parcel Change
Description
Acres
Development
Book / Pae
Y or N
Rights
274/462
06/30/1947
Parcel created
20ac on the East side of the
20
resent' concrete road
279/330
04/01/1948
N
20ac...
"
281/143
11/01/1948
N
20ac...
"
292/47
08/10/1950
N
20ac...
"
298 / 449
01/17/1952
N
20ac...
"
365/19
12/30/1960
N
20ac by estimation being all of the
"
38ac tract less the 21.6ac conveyed
in DB 208/470 & 298/449
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
December 10, 2009
LOD-2009-00017
Page 2 of 2
872/272
03/27/1986
N
819.92ac. (composed of 31.04ac
and 788.88ac). No specific area
noted for the 20ac. Listed as Tax
5
Ma 1- 2- arce -2- - -
— -- —
—
2029/255
01/08/2001
N
No specific area noted for the 20ac.
Listed as Tax Map 112 Parcel 21
5
2712/325
03/22/2004
N
5
3154/87
02/02/2006
N
5
On the basis of these deeds Tax Map 112, Parcel 21 is determined to be a 20 acre
more or less parcel of record with five (5) development rights.
MAP ACRES
L 20 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 Lwith 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.
Sincerely,
Francis H. MacCall
Senior Planner
Copy: Cheri Roberts, Property Transaction Technician
Ella Jordan, Clerk of the Board of Supervisors