HomeMy WebLinkAboutLOD200200028 Letter of Determination 2002-10-03October 3, 2002
Eileen Park
2668 Kendalwood Lane
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 42, Parcel 37B (Property of Finn S. and Alice L. Pederson) Section 10.3.1
Dear Ms. Park:
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 42, Parcel 37B has four (4) development rights. The basis for this
determination is summarized as follows:
Our records indicate Tax Map 42, Parcel 37B contains 28.847 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 1056, page 304.
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
687, page 566. This deed, dated January 3, 1980, conveyed 31.6 acres from Harry R.
Cook & Arline P. Cook to John C. Ketterer & Jean M. Ketterer. The property is
described as being the residue of a 60.88 acre parcel shown on a plat recorded in Deed
Book 500, page 224 following off -conveyances of record in Deed Book 415, page 14,
Deed book 500, page 227, Deed Book 512, page 362 and Deed Book 515, page 463.
On the basis of this deed, Parcel 37B, containing 31.6 acres is determined to be a
parcel of record as defined in Section 10.3 of the zoning ordinance.
Deed Book 793, page 359, dated February 13, 1984 conveyed 31.6 acres from John C.
Ketterer & Jean M. Ketterer to Finn S. Pederson & Alice L. Pederson. The tract is
described as being the same property conveyed to the grantees by deed of Harry R.
Cook and Arlene P. Cook, dated January 3, 1980 and recorded in Deed Book 687, page
566. This transaction had no affect on the development rights of Parcel 37B.
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Eileen Park
October 3, 2000
Page 2
Deed Book 793, page 361, dated March 29, 1984 is a deed of trust that had no affect on
the development rights of Parcel 37B.
Deed Book 798, page 578, dated May 7, 1984 conveyed 2.75 acres from Finn S.
Pederson & Alice L. Pederson to Kenneth F. Pederson & Lori M. Pederson. The
property is shown on a subdivision plat attached to this deed. As a result of this off
conveyance, the residue of Parcel 37 B contains 28 +/- acres. The plat carried a note
stating, "Access to serve only Parcel D and residue acreage. Any further division or
development will require upgrading of existing road. Only one dwelling per lot. Any
development rights remaining to be with residue acreage." On the basis of this deed
and the note on the plat, Lot 37B is determined to have four (4) development rights.
Plat Book 1056, page 304, dated June 26, 1989 conveyed 110 square feet from Finn S.
Pederson & Alice L. Pederson to Traditional Homes of Albemarle. The strip of land is
designated as Parcel "E" on a plat attached to this deed. This reduced the acreage from
28.85 acres to 28.847 acres. This had no affect on the development rights of Parcel
37B. There have been no off -conveyances since this transaction.
Based on this history, this Parcel 37B is determined to have four (4) 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 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 $120.
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
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37B Pederson.doc
Manager of Zoning Administration
Eileen Park
October 3, 2002
Page 3
Copies: Finn S. and Alice L. Pederson
2212 Garth Oak Point
Charlottesville, VA 22902
Reading Files
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