HomeMy WebLinkAboutLOD200000008 Letter of Determination 2000-08-03August 3, 2000
Mr. William Dunwody
3757 Vineyard Road
Barboursville, Virginia 22923
RE: Development Rights on Tax Map 36, Parcel 9A2
Dear Mr. Dunwody:
After researching the County files in the planning department, real estate office and zoning office, I agree
with your position that you actually have 3 development rights rather than the two that are stated on the most
recent plat of your parcel. When we originally adopted the zoning ordinance that established "development
rights" we had no standard language required on plats to note the distribution of the future rights on any
given parcel. Therefore, there are many differing statements on the plats done from 1980 through about
1985. Around the mid -80's, we began asking surveyors to standardize their statements so that all plats used
consistent language.
What I found in your case is that the "parent parcel" in 1980 contained 40+ acres. The Roudabush plat dated
May 18, 1982 is the only recorded plat on the property since 10-12-80 when the ordinance was adopted.
Since there were five original development rights on the 40+ acres, they still exist. Using the theory that each
of the two parcels shown on the plat "used" one right (which is what was done at the time), we can just add
one (+1) to each of the statements on that plat so that the corrected statements read: Parcel 1 shall retain 2
development rights; Parcel 2 shall retain 3 development rights.
Development rights are strictly theoretical in nature. To utilize them, you must demonstrate that all zoning
ordinance and subdivision ordinance requirements can be met. You need one development right for every
dwelling, or for each lot that is less than 21 acres. If you need further explanation of these rights, please call
either Dan Mahone, Yadira Amarante or me. Dan or Yadira can be reached in the Department of Planning
at 296-5823; my number is 296-5832.
Sincerely,
Jan Sprinkle
Chief of Zoning Administration
Cc: Dan Mahone, Planning
Gay Carver, Real Estate
Reading, TMP36-9A and 9A2
William R. or Mildred F. Dunnivan, Owners - parcel 9A
1:IDEPTCommunity DevelopmentlZoning & Current Development Division0eterminations of Parce112000136-9A2 Dunwody.doc