HomeMy WebLinkAboutLOD199800010 Letter of Determination 1998-05-18Official Determination Page 1 8/20/2015
TMP 58-75,75C 75D
May 18, 1998
Bill Jobes
P. O. Box 346
Ivy, Virginia 22945
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS, Section 10.3.1
Tax Map 58, Parcels 75, 75C (owned by John T. or Shirley B. Cunningham), and
Tax Map 58, Parcel 75D (owned by Arthur M. Whitehill, III)
Dear Mr. Jobes:
The Zoning Administrator and I have reviewed the information you have presented for the
above -noted properties and we agree on the following. It is my official determination, that
this property consists of three (3) separate parcels which each carry the number of
development rights based on the acreage when they were replatted in 1982. (Plat
attached.)
Parcel 75 - originally 5.59 acres and now 3.752 acres
(previously 2 development rights, now 1 development right)
Parcel 75C - originally 4.52 acres and now 4.801 acres
(remains the same: 2 development rights)
Parcel 75D - originally 2.59 acres and now 4.0 acres
(previously 1 development right and now 2 development rights)
Each of these lawfully separate parcels is entitled to the associated development rights as
listed. This determination results in the same number of parcels that are shown with a
parcel number on the County tax maps, both in 1980 and now, and the same total number
of development rights now as were associated with the original parcels (total of 5).
This determination considered the acreage of parcels A and C on a plat drawn by William
S. Roudabush, Jr. and Associates dated June 24, 1961. On December 10. 1980, the
adoption date of our Zoning Ordinance, Parcel A was recognized as tax map 58 parcel
75C. Parcel C was then tax map 58 parcel 75D. When it was created in 1961, Parcel C
had no road frontage that would meet the 1980 ordinance requirement. The plat dated
Official Determination Page 2 8/20/2015
TMP 58-75,75C 75D
August 23, 1982, by B. Aubrey Huffman and Associated, Ltd. and entitled "4.0 acres being
a portion of parcels 75, 75C and 75D on Sheet 58 County Tax Maps" makes that parcel
conform to the ordinance by providing the required frontage. The 1982 plat, that simply
redivided parcels 75, 75C and 75D, did not contain a development rights statement. It is
my opinion that this redivision of three parcels, with at least one nonconforming lot, was an
improvement that should not create a loss of development rights. Therefore, the
development rights are as stated above.
If you are aggrieved by this determination, you have the right to appeal it within thirty (30)
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. In order for an appeal to be considered complete, it shall include a completed
application and $95 fee. The date notice of this determination was given is the same as
the date of this letter.
If you have any questions, please feel free to contact me at your convenience.
Sincerely,
Janice D. Sprinkle
Deputy Zoning Administrator
CC' Maynard Sipe, Planning Department
Ella Carey, Clerk Board of Supervisors
Reading Files
John T. and Shirley B. Cunningham
Arthur M. Whitehill, III