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HomeMy WebLinkAboutLOD200100025 Letter of Determination 2001-10-01October 1,2001 Millwood Land Trust U/A; Elizabeth M. Gildea, R.E. 751 Millwood Lane Cobham, VA 22947 Gildea, Jr., & Hugh Morrison Gildea, Trustees RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 65, Parcel 86 (Property of Millwood Land Trust U/A) Section 10.3.1 Dear Millwood Land Trust Trustees: The County Attorney and I have reviewed the title information for the above -noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 65, Parcel 86 contains five (5) theoretical development rights. The basis for this determination is provided below. Our records indicate Tax Map 65, Parcel 86 contains 105.360 acres and one (1) dwelling. The most recent deed for this parcel is recorded in Deed Book 1512, page 479. The parcel is included in the Kinloch Agricultural and Forestal District. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 387, page 588, dated May 3, 1963. This deed conveyed 105.36 acres from Frances Page Mann to R. E. Gildea and Elizabeth M. Gildea. A plat by William Roudabush, dated November 1962, that identifies this property as Millwood is recorded in this book on pages 592 and 593. Deed Book 1512, page 479, dated December 29, 1995, conveyed three parcels of land from Elizabeth M. Gildea, Grantor to Elizabeth M. Gildea, R. E. Gildea, Jr., and Hugh Morrison Gildea, Trustees of the Millwood Land Trust. Parcel Two is described as containing 105.36 acres and being the same property that was conveyed by the deed recorded in Deed Book 387, page 588. Based on this history, Tax Map 65, Parcel 86 is entitled to five (5) development rights if all other applicable regulations can be met. These development rights are theoretical in \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\Millwood 65-86 ACE.doc Millwood Determination October 1, 2001 Page 2 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: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors McChesney Goodall, ACE Program Coordinator Reading Files \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\2001 ACE\Millwood 65-86 ACE.doc