HomeMy WebLinkAboutLOD200900026 Letter of Determination 2010-03-12COUNTY OF ALBEMARLE
Department of Communit}, Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
March 5, 2010
Martin Violette and Margaret Nash
313 Patterson Mill Lane
Crozet VA 22932
RE: LOD2009-00026 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -
Tax Map 71, Parcel 43 (Property of MARTIN H VIOLETTE OR MARGARET NASH)
White Hall Magisterial District
Dear Mr. Violette and Ms. Nash:
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 71, Parcel 43 is two (2) parcels of record, a 39.23ac parcel with five (5)
theoretical development rights and a .93ac parcel with one (1) theoretical development
right. The basis for this determination follows.
Our records. indicate Tax Map 71 Parcel 43 contains 40.16 acres and one (1) dwelling.
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 606, page 589 and is
dated September 11, 1976.
Deed
Date
Parcel Change
Description
Acres
Book / Pae
Y or N
168/560
10/5/1918
Created parcel
Remaining tract or parcel of the "Ferguson"
tract
273/445
5/3/1947
N
Conveyed 55ac made up of Ferguson tract
55
and Nelson tract
279/422
7/9/1948
N
Conveyed 55ac
55
287/98
12/31/1949
N
Conveyed 55ac
55
294/458
3/20/1951
N
Platted agreed upon boundaries showing
54.18
Parcels A 53.25ac and Parcel C .93ac
299 / 580-
1/4/1952
Conveyed 54.1 Bac identified as Parcel A
54.18
and Parcel C
321 /490
2/1/1956
N
Conveyed 54.18ac identified as Parcel A
54.18
and Parcel C
358/210
4/28/1960
T -N
Conveyed 54.18ac identified as Parcel A
54.18
and Parcel C
March 5, 2010
LOD-2009-00026
Page 2 of 2
363 / 451
1U11111y6U
Y
ureaiea u.uiac parcei ieavwy a
parcel — plat shows that the 8.07ac is part of
the plat in DB294 /458 i
421111
2/21/1967.
Y
Divided 5.95ac parcel for road right of way.
40.16
By calculation this would have left a
I I40.16ac
parcel.
606/589
9/11/1976
N
Conve ed with 40.16ac
40.16
1714 / 89
6/8/19J8
N
Conveyed with 40.16ac
40.16
It can be calculated that the 8.07 acres and the 5.95 acres were divided from the
original 53.25 acres known as Parcel A thus leaving a 39.23acre parcel.
On the basis of these deeds Tax Map 71, Parcel 43 is determined to be a 39.23
acre parcel that contains a total of five (5) development rights and a 0.93 acre
parcel that contains a total of one (1) development right.
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.
Sincerely,
;;Francis H. acCall
Senior Planner
Copy: Real Estate, Property Transaction Technician
Ella Jordan, Clerk of the Board of Supervisors
Ches Goodall, ACE Program Coordinator
TM -P Acreage Division rights for 21 acre minimum �arcels Development rights
71-43 39.23 1 5
0.93 0 1