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HomeMy WebLinkAboutLOD201100012 Letter of Determination 2012-03-05COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 2, 2012 Jasper P Davis 3260 Ballard Mill Rd Free Union VA 22940 RE: LOD2011-00012 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 28, Parcel 11 (Property of JASPER P. DAVIS JR OR DIANA J KIESLER) White Hall Magisterial District Dear Mr. Davis: 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 28, Parcel 11 is comprised of one (1) parcel of record with three (3) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 28 Parcel 11 contains 77.007 acres and two (2) dwellings. The property is zoned RA, Rural Areas. 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 424, page 316 and is dated December 7, 1966. PRIOR TO DECEMBER 10, 1980 Deed Date Parcel Change Description Acres Book / Pae Y or N 424/316 12/07/1966 Y Conveyed 5ac of land more or less being a portion of the 85.75 123ac conveyed in DB 293 P 245. By estimation this would leave 85.75 342/474 09/09/1958 Y Conveyed 30ac of land more or less being the northern 90.75 portion of the 123ac conveyed in DB 293 P 245. By estimation this would leave 90.75 297/248 09/27/1951 Y Conveyed Sac of land more or less from the 123 3/ ac 120.75 By estimation this would leave 120.75 293/245 01/08/1951 N All that certain tract of land of 123 3/ acres 123.75 196/399 03/25/1927 N All that certain tract of land of 123 3/ acres 123.75 1-84/554 1 11/01/1923 N All that certain tract of land of 123 3/ acres 123.75 March 2, 2012 LOD-2011-00012 Page 2 of 2 AFTER DECEMBER 10, 1980 Deed Date Parcel Change Description Acres Development Book / Pae 3 Y or N Per deeds and/or plats Rights 3023/178 07/12/2005 Y Boundary line adjustment, adding 79.637 0 2.22ac to Parcel 11 C and 2.47ac to (2.22ac) Parcel 11 C1 from the 84.327ac leaving 79.637ac 1 (2.47ac) 4 79.637ac 3157/702 02/13/2006 Y 2.63ac created from the 79.637ac 77.007 1 leaving 77.007ac (2.63ac) 3 77.007ac 3306/586 10/11/2006 N 79.637ac less the 2.22ac and 2.47ac 77.007 No Change in DB 3023 P 178 and less the 2.63ac in DB 3157 P 702 On the basis of these deeds Tax Map 28, Parcel 11 is determined to be a 77.007 acre parcel that contains three (3) 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 $240. 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. Sincer , Francis H. MacCall Senior Planner Copy: Mary Hammond, Real Estate Ella Jordan, Clerk of the Board of Supervisors Ches Goodall, ACE Program Coordinator TM -P Acreage Division rights for 21 acre minimum parcels Development rights - i hts28-11 28 -11 77.007 3 3 l� C' O v a 0 2