HomeMy WebLinkAboutLOD200900025 Letter of Determination 2010-03-12COUNTY OF ALBEMARLE
Department of Community Development
401 Mclntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
March 5, 2010
Ethel Pugh & Bettie Ann Stanerson
363 Shelton Mill Road
Charlottesville VA 22903
RE: LOD2009-00025 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -
Tax Map 56, Parcel 25C (Property of ETHEL R PUGH & BETTIE ANN STANERSON)
White Hall Magisterial District
Dear Ms. Pugh and Ms. Stanerson:
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 56, Parcel 25C is a parcel of record with two (2) theoretical development
rights. The basis for this determination follows.
Our records indicate Tax Map 56 Parcel 25C contains 96.22 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 416, page 115 and is
dated February 23, 1966.
Deed
Date
Parcel Change
Description
Acres
Book / Pae
416/115
2/23/1966
Y or N
Created parcel
Describes the interest in a 200ac parcel as
39.35
such: Herbert Lamont Pugh 3/8 interest, Hattie
and
E. Pugh 3/8 interest, Samuel E. Pugh Jr.'/
161.59
interest. Parties exchange interest giving
Herbert Lamont Pugh sole interest in 39.35ac
on the north side of Route 683. The interest ih
the remaining 161.59ac on the south side of
Route 683.is noted as follows: Samuel E. Pugh
Jr. 2/5 interest and Hattie E. Pugh 3/5 interest.
Will Book 61
11/30/1982
N
Hattie Elizabeth Pugh willed her interest in the
159
Page 440
approximately 159ac to Samuel E. Pugh Jr.
1277/504
11/13/1992
Y
Created 61 ac parcel w/ 3 development rights
96.22
leaving a residue of 96.22ac w/ 2 development
rights. This deed included the transfer of 2ac to
an adjacent owner.
3276/96
8/22/2006
N
Deed of distribution of 2 parcels per wills of both
96.22
Samuel E Pugh Jr. and Elizabeth W Pugh, one
being the 96.22ac
Murch 5. 2010
LOD-2009-00025
Page 2 of 2
On the basis of these deeds Tax Map 56, Parcel 25C is determined to be a 96.22
acre parcel that contains a total of two (2) development rights.
The parcel is entitled to the noted development rights if all other applicable regulations
is
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.
Sincerely,
Francis H. MacCall
Senior Planner
Copy: Real Estate, Property Transaction Technician
Ella Jordan, Clerk of the Board of Supervisors
Ches Goodall, ACE Program Coordinator
TM -P
Acrea e
Division rights for 21 acre minimum parcels
I Development rights
TM 56-25C
96.22
4
12