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HomeMy WebLinkAboutLOD200500043 Legacy Document 2014-03-11�� O �pFALr � .. U ®6rd M �'IRGIrItP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 5, 2006 Daniel .McLaughlin P. O. Box 243 Free Union, VA 22940 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 3, Parcel 11 (Property of Daniel McLaughlin ) Section 10.3.1 Dear Mr. McLaughlin: 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 3, Parcel 11 has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 3, Parcel 11 contains a total of 81.498 acres, of which 80.718 acres are located in Albemarle County. There are no dwellings on the parcel. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1423, page 450. This analysis begins with the deed of record in Deed Book 194, page 206 that is dated August 14, 1926. The deed conveyed 83.5 acres from Newton Morris and Nettie O. Morris to J. S. Chapman. The property is shown on a plat dated July 17, 1923 that is attached to the plat. This deed established this tract as a parcel of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 684, page 716 and dated November 15, 1979. The deed conveyed 83.5 acres from Earl L. Wells and Sharon H. Wells to Loren M. Westenberger and Paul W. Westenberger & Cheryl R. Westenberger. The property is described as being that shown on a plat by B. T. Parrott that is recorded in Deed Book 194, page 206. This is the same property conveyed by the deed of record in Deed Book 539, page 169. On the basis of this deed the 83.5 -acre tract is determined to be a parcel of record with five (5) development rights. Deed Book 739, page 337, dated May 24, 1982, conveyed 83.5 acres from M. E. Gibson, Jr., Trustee to Earl L. Wells and Sharon H. Wells pursuant to a forclosure. The property is described by reference to Deed Book 194, page 206. This is the same property conveyed by the deed of record in Deed Book 684, page 716. This transaction had no effect on the status or development rights of the parcel. lADEPT\BCZS\Determin of Parcel\2005 ACE\3-11 McLaughlin ACE.doc Daniel McLaughlin (,) January 5, 2006 Page 2 Deed Book 1258, page 244, dated August 31, 1992, conveyed 83.5 acres from Earl L. Wells and Sharon H. Wells to Daniel McLaughlin. The property is described by reference to Deed Book 194, page 206. This is the same property conveyed by the deed of record in Deed Book 739, page 337. This transaction had no effect on the status or development rights of the parcel. Deed Book 1423, page 450 contains a Certificate of Plat dated August 9, 1994. The attached plat by William P. Gimbel, dated August 19, 1992, shows the subject property containing 81.498 acres. This is the same property conveyed by the deed of record in Deed Book 739, page 337. Apart from the small decrease in acreage, this transaction had no effect on the status or development rights of the parcel. 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. 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 McChesney Goodall TM/P I ACREAGE I DEVELOPMENT RIGHTS DIVISION RIGHTS @ 21 ACRES 3/11 181.498 15 3 I:\DEF1113=0etermin of Parcel\2005 ACE\3-11 McLaughlin ACE.doc