HomeMy WebLinkAboutLOD200200025 Letter of Determination 2002-07-15July 15, 2002
Steven W. Blaine, Esq.
LeClaire Ryan, A Professional Corporation
123 East Main Street
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 29, Parcel
40 (Property of Hunter E. and Stuart McN. Craig) Section 10.3.1
Dear Mr. Blaine:
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 29, Parcel 40 contains five (5) development rights. The basis for this
determination is summarized as follows:
Our records indicate Tax Map 29, Parcel 40 contains 40.258 acres and one dwelling.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1048, page 515.
The most recent deed for this property, recorded prior to the date of adoption of the
Albemarle County Zoning Ordinance, (December 10, 1980) is recorded in Deed Book
669, page 232. This deed, dated April 10, 1979 conveyed 40.258 acres from Nettie
Marie Jones to Harold R. and Carrie Ann Walker. The property is shown on an attached
plat by R.O. Snow dated February 9, 1978, revised March 28, 1978. On the basis of this
deed and plat, Parcel 40 on Tax Map 29 is determined to be a lot of record as provided
in Section 10.3 of the zoning ordinance.
Deed Book 1048, page 515, dated May 16, 1989, conveyed 40.258 acres from Edward
B. Lowry and James P. Cox, III, Substitute Trustees, to Hunter E. Craig and Stuart McN.
Craig. The property is described as that shown on the above referenced plat by R.O.
Snow. There have been no off -conveyances since the recordation of this deed.
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Based on this history, this property is determined to contain five (5) 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
Steven W. Blaine
July 15, 2002
Page 2
acres allowed to be created by right. In addition to the development right lots, one
parcel of at least 21 acres may be created from this parcel if all other applicable
regulations can be met.
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: Hunter E. Craig
Reading Files
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