HomeMy WebLinkAboutLOD200500028 Letter of DeterminationCOUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 229024596
Phone (434) 296-5832 Fax (434) 972-4126
October 21, 2005
William O'Luanaigh
7301 Spring Vista Court
Chapel Hill, NC 27516
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 41,
Parcels 8, 813, 8C & 8D (Property of William Boyd O'Luanaigh) Section 10.3.1
Dear Mr. O'Luanaigh:
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 41, Parcel 8, containing 9.91 acres is a parcel of record with four (4)
theoretical development rights. Tax Map 41, Parcel 8B containing 40.700 acres is a
parcel of record with five (5) theoretical development rights. Tax Map 41, Parcel 8C
containing 22.36 acres is a parcel of record with five (5) theoretical development rights.
Tax Map 41, Parcel 8D containing 8.48 acres is a parcel of record with four (4)
theoretical development rights. The basis for this determination follows.
Our records indicate Tax Map 41, Parcel 8 contains 9.910 acres and no dwellings. The
property is in Moorman's River Agricultural and. Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1989, page 6.
Our records indicate Tax Map 41, Parcel 8B contains 40.700 acres and no dwellings.
The property is in Moorman's River Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1989, page 6.
Our records indicate Tax Map 41, Parcel 8C contains 22.360 acres and one dwelling.
The property is in Moorman's River Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1989, page 6.
Our records indicate Tax Map 41, Parcel 8D contains 8.480 acres and no dwellings.
The property is in Moorman's River Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1989, page 6.
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William O'Luanaigh
October 21, 2005
Page 2
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is a Certificate of Plat recorded in Deed Book 694, page
92 on May 29, 1980. The plat by Morris Foster, dated August 29, 1980, shows the
division of 81.45 acres- being the property of William B. Looney into Tracts A, B, C, & D.
Tract A contains 9.91 acres. Tract B contains 40.70 acres. Tract C contains 22.36
acres. Tract D contains 8.48 acres. On the basis of this plat T.M. 41-8, containing
9.91 acres is a parcel of record with four (4) development rights. T.M. 41-81B,
containing 40.70 acres is a parcel of record with five (5) development rights. T.M.
41-8C, containing 22.360 acres is a parcel of record with five (5) development
rights. T.M. 41-8C, containing 8.480 acres is a parcel of record with four (4)
development rights.
This plat was not subject to approval by the County. The Subdivision Ordinance
in effect in 1980 did not define this transaction as a subdivision because all of the
lots contained more than five acres and all of the lots fronted on a public road.
Deed Book 1253, page 287, dated September 2, 1992, conveyed 81.45 from William B.
Looney to William B. Looney and Elisabeth F. Looney. The property is described as
being the same property that was conveyed by the deed of record in Deed Book 694,
page 93. This transaction had no effect on the development rights of these 4
parcels.
Deed Book 1976, page 716, dated December 4, 2000, conveyed a 40% interest in
81.45 from William B. Looney to William Boyd O'Luanaigh. The property is described as
being the same property that was conveyed by the deed of record in Deed Book 694,
page 93. This transaction had no effect on the development rights of these 4
parcels.
Deed Book 1976, page 718, dated December 4, 2000, conveyed a 30% interest in
81.45 from Elizabeth B. Looney to William Boyd O'Luanaigh. The property is described
as being the same property that was conveyed by the deed of record in Deed Book 694,
page 93. This transaction had no effect on the development rights of these 4
parcels.
Deed Book 1989, page 4, dated January 15, 2001, conveyed a 20% interest in 81.45
from Elizabeth B. Looney to William Boyd O'Luanaigh. The property is described as
being the same property that was conveyed by the deed of record in Deed Book 694,
page 93. This transaction had no effect on the development rights of these 4
parcels.
Deed Book 1989, page 6, dated January 15, 2001, conveyed a 10% interest in 81.45
from William B. Looney to William Boyd O'Luanaigh. The property is described as being
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William O'Luanaigh
October 21, 2005
Page 3
the same property that was conveyed by the deed of record in Deed Book 694, page
93. This transaction had no effect on the development rights of these 4 parcels.
These 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 parcels 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.
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
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