HomeMy WebLinkAboutLOD200500009 Legacy Document 2014-03-13 (2)ffi
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
May 4, 2005
James P. Cox, III
'500 Court Square, Suite 300 L
P.O. Box 298
Charlottesville, VA 22901
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Fax (434) 972-4126
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 20, Parcel 2E (Property of Michael T. Diglio) Section 10.3.1
Dear Mr. Cox:
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 20, Parcel 2E is a separate parcel of land with three (3) development rights.
The basis for this determination is summarized as follows:
Our records indicate Tax Map 20, Parcel 2E contains 14.300 acres and no dwellings.
The property is not in an Agricultural Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 1069, page 702
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is recorded in Deed Book 688, page 820 and is dated
January 18, 1980. This deed conveyed two parcels of land from Rivanna River Estates,
Inc. to Michael T. Diligio. One of the parcels is described as Parcel A, containing
24.39634 acres on a plat of Andrew P. Dunn dated July 30, 1974 and of record in Deed
Book 593, page 145. Based on this deed, this 24.39634 -acre parcel is determined
to be a parcel of record with five (5) theoretical development rights.
Deed Book 1069, page 701 contains a Certificate of Plat, dated September 28, 1989,
for a plat by R. W. Ray- R.O. Snow & Assoc, Inc, dated July 28, 1989. The plat shows
the division of the 24.3 -acre parcel, described as Parcel A in Deed Book 688, page 820,
into two parcels; one containing 10.00 acres and the other containing 14.3 acres. The
plat was approved by the County on September 1, 1089. The 14.3 -acre tract, the
subject of this determination is designated as Parcel A2. The plat notes that Parcel A2
I:\DEPT\BCZS\Determin of Parcel\2005\20-2E Diglio.doc
James Cox, III
May 4, 2005
Page 2
may be further divided into a total of 3 lots of less than 21 acres each. Based on this
plat, this 14.30 -acre parcel is determined to have three (3) theoretical
development rights.
This parcel is entitled to the noted development rights if all other applicable regulations
can be met. 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 detern3ination 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,
John Shepherd
Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department
Reading Files
Michael T. Diligio
6233 Mannahoc Way
Ruckersville, VA 22968
Robert and Christine Rosen
2064 Wingfield Road
Charlottesville, VA 22901
1ADEPTSCMDetermin of Parce0005\20-2E Diglio.doc