HomeMy WebLinkAboutLOD201000008 Letter of Determination 2010-11-15OF aL��9�
�'IRGINZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 15, 2010
George A. Ragsdale
630 Appleberry Mountain Road
Faber VA 22938
RE: LOD2010-00008 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -
Tax Map 118, Parcel 2 (Property of GEORGE A RAGSDALE) Samuel Miller Magisterial
District
Dear Mr. Ragsdale:
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 118, Parcel 2
is one (1) parcel of record with five (5) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 118 Parcel 2 contains 168.332 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 426, page 37 and is dated
February 2, 1967.
PRIOR TO DECEMBER 10. 1980
Deed
Date
Parcel Change
Description
Acres
Book / Pae
Y or N
129/298
10/27/1904
N
Land lying and situated near Mt. Liberty Baptist
?
Church
132/151
08/18/1905
N
Conveyed Y2 interest in the landed estate otherwise
?
lvina and situated near Mt. Liberty Baptist Church
173/82
04/03/1920
N
Conveyed'/z interest in all that certain tract lying
?
and situated near Mt. Liberty Baptist Church
183/281
07/02/1923
N
Conveyed Y2 interest in 140ac. more or less
140
situated near Mt. Liberty Baptist Church
315/319
03/22/1955
N
Conveyed two parcels including 140ac. more or
140
less near Mt. Liberty Baptist Church
393/448
12/06/1963
N
Conveyed as 140ac. in gross and not by acre near
140
Mt. Liberty Baptist Church
398/133
05/27/1964
N
Conveyed multiple parcels including 140ac. more
140
or less
426/37
02/02/1967
N
Conveyed multiple parcels including 140ac. more
140
or less
November 15, 2010
LOD-2010-00007
Page 2 of 2
AFTER DECEMBER 10. 1980
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
1110/441
06/14/1990
N
Conveyed as a tract or parcel of
140
5
land estimated to contain b/w 98
acres and 140 acres, more or less,
but this conveyance is in gross by
the boundary and not by the acre
1110/11,
120/150
08/31/1990
Y
Added 28.332ac to 140.00ac; no
168.332
5
development right added
On the basis of these deeds Tax Map 118, Parcel 2 is determined to be a 168.332
acre parcel containing five (5) development rights that may be used within the
boundary of the 140 acres.
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. MacCall
Senior Planner
Copy: Property Transaction Technician
Ella Jordan, Clerk of the Board of Supervisors