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HomeMy WebLinkAboutLOD201000013 Letter of Determination 2011-02-02ALg��9� r'IRG11`}t� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 - - - - - Phone 434) 296-5832 - -Fax (434) 972-4126 January 28, 2011 James W. Sams PO BOX 115 Keene VA 22946 RE: LOD2010-00013 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 122, Parcel 33 (Property of THE MARION LEE SAMS FAMILY TRUST) Scottsville Magisterial District Dear Mr. Sams: 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 1.22, Parcel 33 is one (1) parcel of record with four (4) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 1.22 Parcel 33 contains 64.84 acres and one (1) dwelling. 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 377, page 53 and is dated March 22, 1962. PRIOR TO DFCEMRER 10. 1980 Deed Book / Pae Date Parcel Change Y or N Description Acres 236/199 01/30/1937 N 75 acres being part (the southern corner thereof) of the tract known as "White Hall" 75 240/405 07/28/1938 N Conveyed 76 acres more or less more particularly described by metes an d bounds on a plat 76 330/173 02/08/1957 N Conveyed 76 acres more or less 76 377/53 1 03/22/1962 N Conveyed 76 acres more or less 76 AFTER DECEMBER 10. 1980 Deed Book / Pae Date Parcel Change Y or N Description Acres Development Ri hts 735/353 02/23/1982 Y All that certain tract or parcel... 77.4 per 5 containing approximately 10 acres, numbers but this conveyance is in gross and noted on Feb not by acre, shown as Tract C on 1967 plat attached plat... dated Feb, 1967. minus 10ac _ Division was not approved by 67.4ac Albemarle County. January 28, 2011 LOD-2010-00013 Page.2 of 2 797/681 On 03/11/1984 N Corrected Deed Book 735 Page 62.44 4 353 with an approved survey of Tract C being 12.24 acres. Used 1 development right with the residue of 62.44 acres retaining 4 develo ment rights -36527 666— -09/25/2008-- 09%25/2008- On the basis of these deeds Tax Map 122, Parcel 33 is determined to be a 64.84ac parcel containing four (4) 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 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. Sincerel Francis H. MacCall Senior Planner Copy: Property Transaction Technician Ella Jordan, Clerk of the Board of Supervisors