HomeMy WebLinkAboutLOD200000021 Letter of Determination 2001-01-30January 30, 2001
Nicholas J. and Eleanor C. Sojka
8392 Dick Woods Road
Afton, VA 22920
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 69, Parcel 47A, Parcel 48, and Parcel 48D (Property Nicholas J Sojka and
Eleanor Cox Sojka) Section 10.3.1
Dear Mr. and Mrs. Sojka:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 69 Parcel 47 contains five (5) theoretical development rights. Tax Map 68
Parcel 48 contains five (5) theoretical development rights. Tax Map 68 Parcel 48D
contains five (5) theoretical development rights. The basis for this determination is
provided below.
Tax Map 69, Parcel 47A: Our records indicate this parcel contains 18.81 acres and no
dwellings. The most recent deed for this property prior to the date of adoption of the
Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 468,
page 614. It is dated November 25, 1969 and is between Leroy W. Snow & Viola D.
Snow and William R. Corley. This is a conveyance of the 18.81 acres designated as
Tract F on a plat by James E. Dorsey, C.L.S., dated June 6, 1966 and recorded in Deed
Book 420 on page 107. There have been no off -conveyances from this parcel since
December 10, 1980. Therefore, Tax Map 69, Parcel 47A has five (5) development
rights.
Tax Map 69, Parcel 48: Our records indicate this parcel contains 29.74 acres and no
dwellings. The most recent deed for this property prior to the date of adoption of the
Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 663,
page 227 It is a deed of trust with plat attached dated January 17, 1979 between
Nicholas J. Sojka & Eleanor C. Sojka and Orbin Carter & Richard Reeves, Trustees.
This conveyed 29.74 acres shown on a plat dated January 15, 1979. That plat revised
Tract D and Tract E as shown on the above referenced plat by John Dorsey recorded in
Deed Book 420, page 107. The revised Parcel 48 and the newly created Parcel 48D
became parent parcels, each with a full compliment of development rights.
Sojka Determination
January 30, 2001
Page 2
There have been no off -conveyances from Parcel 48 since January 15,1979 plat was
recorded. Therefore, Tax Map 69, Parcel 48 has five (5) development rights.
Tax Map 69, Parcel 48D: Our records indicate this parcel contains 16.62 acres and one
dwelling. The most recent deed for this property prior to the date of adoption of the
Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 663,
page 227 which is described above. The plat recorded with that deed divided this new
Parcel 48D from Tract E (Parcel 48) as shown on the Dorsey plat dated June 6, 1966.
On the effective date of the zoning ordinance Parcel 48D was a parent parcel with a full
compliment of development rights.
Deed Book 1404, page 578, dated May 2, 1994 is between Samuel D. Atwell and
Nicholas J. Sojka & Eleanor C. Sojka. It includes a plat that conveyed 4.73 acres from
Parcel 47B to Parcel 48D. No development rights were conveyed to Parcel 48D. There
have been no off -conveyances from this parcel since the effective date of the zoning
ordinance. Therefore, Tax Map 69, Parcel 48D has five (5) development rights.
Each of the above mentioned parcels is entitled to the noted development rights if all
other applicable regulations can be met. 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, a "parent
parcel" may create as many 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 $95.
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
Copies: McChesney Goodall, ACE Program Coordinator, Gay Carver, Real Estate
Department, Ella Carey, Clerk Board of Supervisors & Reading Files