HomeMy WebLinkAboutLOD200200041 Letter of Determination 2015-10-29October 31, 2002
Michael T. Swanson
3898 Vineyard Road
Barboursville, VA 22923
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 36, Parcel
6A (Property of Michael T. Swanson and The Swanson Family Trust) Section
10.3.1
Dear Mr. Swanson:
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 36, Parcel 6A has five (5) development rights. The basis for this determination
is summarized as follows.
Our records indicate Tax Map 36, Parcel 6A contains 21.670 acres and one dwelling.
The property is in Blue Run Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1336, page 687.
The most recent deed for Tax Map 36, Parcel 6A recorded prior to the date of adoption
of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 697,
Page 596. This deed, dated July 24, 1980, conveyed two acres from Craig G. Sackett &
Francine A. Sackett to Earl James Sackett & Ann G. Sackett. The two -acre lot is shown
on a plat attached to the deed by Robert L. Lum. The plat indicates the residue contains
21.670 acres. On the basis of this deed and plat, Tax Map 32, Parcel 6A is determined
to be a parcel of record as provided in Section 10.3 of the zoning ordinance.
Deed Book 826, page 188, dated July 6, 1982 conveyed a strip of land to the
Commonwealth of Virginia from several landowners, including Earl J. and Ann G.
Sackett, for the purpose of road improvements on State Route 777. The strip of land
was not surveyed and the County's records were not revised to reflect a reduction in
acreage. This transaction had no effect on the development rights of Parcel 6A.
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Swanson
October 31, 2002
Page 2
Deed Book 1006, page 520, dated July 25, 1988, conveyed 21.670 acres from Craig G.
Sackett & Francine A. Sackett to Kara A. Hanly & Jarrett Garner. This parcel is
identified in the deed as the property described on the plat by Robert L. Lum that is
recorded in Deed Book 697, page 596. This transaction had no effect on the
development rights of Parcel 6A.
Deed Book 1336, page 687, dated August 23, 1993, conveyed a 9/10th interest in a
21.670 -acre parcel to Michael T. Swanson and a 1 /10th interest in that same parcel to
the Swanson Family Trust from Kara A. Hanly & Jarrett Garner. The property is further
described as being the same property that was conveyed by the deed recorded in Deed
Book 1006, page 520. This transaction had no effect on the development rights of
Parcel 6A.
Based on this history, Tax Map 36, Parcel 6A is determined to contain the five (5)
development rights identified above 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 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
Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department,
Ella Washington -Carey, Clerk to the Board of Supervisors
Ches Goodall, A.C.E. Program Coordinator
Reading Files
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