HomeMy WebLinkAboutLOD200100022 Letter of Determination 2001-03-08COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
AX (804) 972-4126 TELEPHONE (804) 296-5832 TfD (804) 972-4012
March 8, 2001
John B and Diann R. Fiery
Box 10
Earlysville, Virginia 22936
RE: Official Determination of Division Rights, Tax Map 9, Parcel 20A
Dear Mr. and Mrs. Fiery:
I have reviewed the title information you have submitted for the above -noted property. It
is my official determination that this property consists of two (2) separate parcels:
Parcel A — 8.39 acres (4 development rights)
Parcel B — 36.84 acres (5 development rights and one 21 -acre parcel)
Each of these lawfully separate parcels is entitled to the associated hypothetical
development rights noted above. This determination results in one more parcel than is
shown with a parcel number on the County tax maps. As separate parcels, they may be
conveyed separately.
This determination considered the descriptive clauses of the deed and the manner in
which the properties were acquired as well as the plat entitled: Plat of a 45.23 Acre
Tract Comprised of Parcels 'A' and 'B' drawn by O. R. Randolph and dated 1-26-67. At
that time, parcel A consisting of 8.39 acres was already a separate parcel having been
recorded in Deed Book 404, page 187. Parcel "B" consisting of 36.84 acres was created
by that plat which was recorded in Deed Book 425 page 353. Furthermore, the property
was acquired in two separate deeds. In each deed, the parcels are separately
described and are referred to as "that certain tract or parcel of land" noting the acreage.
This consideration is based on the findings of the Virginia Supreme Court in the case,
Faison v. Union Camp 224 VA 54.
The development rights are only hypothetical in nature but do represent the maximum
number of lots of less than 21 acres allowed. In addition to the development right lots, a
C:Wy Documents lCurrent Reviewlt_ettersOR Det 9-20A .doc
Fiery Div1s'1M?TMhts, TMP9-20A Page 2 03/08/01
"parent parcel" may create as many parcels with a minimum of 21 acres as it has land
to make. The subject property of 36+ acres would have a maximum development
potential of six lots. So as not to exceed the 31 -aggregate -acre limitation on small lots,
one lot must be a minimum of 21 acres. The other five would be required to have a
minimum of 2 acres each. Those same rights apply to dwelling units. In other words,
the maximum number of dwellings allowed for this 36+ acres would be six, also.
In order to utilize the rights, either for subdivision purposes or for dwelling unit
construction, you must meet all applicable regulations. For dwelling unit construction,
these would include but not be limited to:
• demonstrating that you can meet regulations for subdividing, e.g., siting dwellings at
least 50 feet apart so that a property line could be placed between dwellings and
both lots meet their individual 25 -foot side yard requirements;
• demonstrating Health Department approval of septic disposal field sites for both
primary and 100% reserve areas;
• submitting a site plan if 3 or more dwellings were to be located on one parcel; and,
• providing adequate frontage and road access.
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.
Sincerely,
Jan Sprinkle
Deputy Zoning Administrator
cc: Yadira Amaranthe, Planning Department
Gay Carver, Real Estate Department
Ella Carey Clerk, Board of Supervisors
Reading Files
NOTE:
One (1) additional parcel
C:IMy Documents lCurren t Reviewl!_ettersOR Det 9-20A .doc