HomeMy WebLinkAboutLOD199900004 Letter of Determination 1999-04-12April 12, 1999
Frank Buck
211 East High Street
Charlottesville, Virginia 22902
Fax 977-4847
Re: Official Determination of Number of Parcels — Tax Map 57, Parcel 61 (East) and
Parcel 61 (West)
Dear Mr. Buck,
This is to confirm for the record, that this tax map parcel (57-61) consists of two (2) separate
parcels. These parcels (parcel 61 East and parcel 61 West) may be sold separately without the
use of a development right and without approval under the Albemarle Subdivision Ordinance.
The decision that these are separate parcels is based on the fact that they are not contiguous or
abutting at any point. In fact, they are physically divided by different properties which are
owned by others. Tax map 57, parcel 62 and parcel 63 lie between and separate parcel 61 West
from 61 East.
This decision is based on the finding in the case, City of Winston Salem v. Tickle, 281 SE 2d
667, of the North Carolina Court of Appeals (1981). In this case, the property was physically
separated and could not be reasonably regarded as part of a unified single farm.
Based on information I have received, parcel 61 West and parcel 61 East have not been divided
since the date of adoption of the Albemarle Zoning Ordinance. Neither parcel is 4 acres or more
in size; therefore, only one development right exists for each parcel. (This is based on 2 acres
per development right). Each of the two parcels could be built, subject to compliance with the
applicable requirements of the Zoning Ordinance. The requirements include provision of
adequate primary and reserve septic field area, yard setbacks and the like.
If anyone is aggrieved by this determination, they have a 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 they 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
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Determination of Parcel Tax Map 57-61
Letter to Frank Buck
April 12, 1999
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 $95. The date notice of this
determination was given is specified above.
If you have any questions, please contact me.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Cc: Mark D. Mayry, LC (owner)
1107 Hazel Street
Charlottesville, Virginia 22902