HomeMy WebLinkAboutLOD201000003 Letter of Determination 2010-07-09COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 6, 2010
Mr. Alan B. Howard
2176 Lindsay Road
Gordonsville, VA 22942
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 50,
Parcels 41A, 41Q, 42A & 43 (Property of Alan B. Howard) Rivanna Magisterial
District
Dear Mr. Howard:
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 50, Parcels 41A, 41Q, 42A & 43 are four parcels of record and have
theoretical development rights as outlined in the following table. The basis for this
determination follows the table.
Tax Map -Parcel
Acreage
Development Rights
Tax Map 50 — Parcel 41 A
61.86 Acres
5
Tax Map 50 — Parcel 41 Q
33.16 Acres
5
Tax Map 50 — Parcel 42A
96.00 Acres
5
Tax Map 50 — Parcel 43
1.332 Acres
1
TOTAL
16
Our records indicate Tax Map 50, Parcel 41A contains 61.86 acres and no dwellings.
The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1146, page 295.
Our records indicate Tax Map 50, Parcel 41Q contains 33.16 acres and no dwellings.
The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 579, page 247.
Our records indicate Tax Map 50, Parcel 42A contains 96.00 acres and two dwellings.
The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 519, page 603.
Our records indicate Tax Map 50, Parcel 43 contains 1.332 acres and one dwelling. The
property is not within an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1717, page 635.
This analysis begins with the deed of record in Deed Book 519, page 603 that is dated
December 4, 1972. The deed conveys 96 acres from Fannie L. O'Leary Carr & John
Douglas Carr, husband and wife, to Alan B. & Alice G. Howard, husband and wife. This
deed includes a plat of the 96 acres noted as Tax Map 50, Parcel 42A. This is also the
most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980. Based on this deed, Tax Map 50, Parcel 42A is
determined to be a parcel of record with five- (5) theoretical develonment rightco
Deed Book 579, page 247, dated August 1, 1975, conveyed 33.16 acres from W. W.
Whitlock & Eula D. Whitlock, husband and wife and Whitlock Agency, Inc. to Alan B. &
Alice G. Howard, husband and wife. The deed contains a legal description and includes
a plat, dated July 22, 1975, of the 33.16 acres of land. This is the most recent
instrument for this parcel recorded prior to the adoption of the Zoning Ordinance,
December 10, 1980. Based on this deed, Tax Map 50, Parcel 41Q is determined to
be a parcel of record with five (5) theoretical development rights.
Deed Book 1146, page 295, dated March 26, 1991, conveyed 61.86 acres from W. W.
& Eula D. Whitlock, husband and wife and W. W. Whitlock Agency, Inc. to Alan B.
Howard. The property is described as being Tax Map 50, Parcel 41A as shown on the
plat attached to the deed by James H. Bell, Jr., P.C. and dated March 8, 1991. It is also
described as being the same as shown on a certain plat of Hart and Bell, CLS recorded
December 29, 1967 in Deed Book 443, page 326-7. Based on the plat and deed of
December 29, 1967 referenced in this deed, Tax Map 50, Parcel 41A is determined
to be a parcel of record with five (5) theoretical development rights.
Deed Book 1717, page 635, dated April 9, 1998, conveyed 1.332 acres from Charlie
Frank Kingrea to Alan B. Howard. The property is described as being the same as
shown on a plat by.Robert L. Lum, CLS, dated December 8, 1980 and recorded in Deed
Book 717, page 391 as it was conveyed to Charlie Frank Kingrea. Based on the plat
of December 8, 1980 and recorded in Deed book 717, page 391, Tax Map 50,
Parcel 43 is determined to be a parcel of record with one (1) development right.
The parcels are 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. In addition to the development
right lots, the parcel may create as many smaller parcels containing a minimum of
twenty-one acres as it has land to make.
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.
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If you have any questions, please contact me.
r
onald L. Higgins, AICP
Chief of Zoning
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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