HomeMy WebLinkAboutLOD200500056 Letter of Determination 2005-03-31COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
March 31, 2005
Neal R. Deputy
520 Lincoln Road
Miami Beach, FL 33139
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 60, Parcels 4B &
23 (Property of B. J. or Amanda B. Megargel) Section 10.3.1
Dear Mr. Deputy:
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 60, Parcel 4B
is a separate parcel of record with one (1) development right. Tax Map 60, Parcel 23 is a
separate parcel of record with five (5) development rights. The basis for this determination is
summarized as follows:
Our records indicate Tax Map 60, Parcel 4B contains 0.990 acres and no dwellings. The
property is not in an Agricultural Forestal District. The most recent deed for this property is
recorded in Deed Book 2018, page 697.
Our records indicate Tax Map 60, Parcel 23 contains 14.96 acres and two residential structures;
one with four dwelling units and the other with one dwelling. The property is not in an
Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book
2018, page 697.
The most recent deed for Parcel 23 recorded prior to the adoption of the Zoning Ordinance,
December 10, 1980 is recorded in Deed Book 234, page 418 and is dated January 29, 1937.
This deed conveyed 14.96 acres from John W. Fishburne, executor of Warner Wood and
Maggie L. Wood to Elizabeth Brown Wheeler. The property is shown on a plat by Hugh F.
Simms dated January 1937. The deed included covenants that addressed the cost of any
residence on the parcel and as well as limits on business uses or apartment houses. Based on
this deed, Tax Map 60, Parcel 23 is determined to be a parcel of record with five (5)
theoretical development rights.
The most recent deed for Parcel 4B recorded prior to the adoption of the Zoning Ordinance,
December 10, 1980 is recorded in Deed Book 307, page 421 and is dated September 29, 1953.
This deed conveyed 0.99 acres from William N. Wood and David J. Wood, Administrators
Neal Deputy
March 31, 2005
Page 2
d.b.n.c.t.a of Warner Wood to Elizabeth Brown Wheeler. The deed identifies the property as a
certain tract or parcel of land. The property is shown on a plat by Hugh F. Simms and Son dated
September 1953. This parcel is only 50 feet wide. The deed contains the same covenants as
were included in the deed of record in Deed Book 234, page 418. Based on this deed, Tax
Map 60, Parcel 4B is determined to be a parcel of record with one (1) theoretical
development right.
Deed Book 2018, page 697, dated April 24, 2001, conveyed two parcels from Elizabeth Brown
Wheeler f/k/a Mary Elizabeth Brown to of B. J. or Amanda B. Megargel. Parcel I is described as
containing 14.96 acres and as being the same real estate that was conveyed by the deed of
record in Deed Book 234, page 418. Parcel II is described as containing 0.99 acres and as
being the same real estate that was conveyed by the deed of record in Deed Book 307, page
423. This transaction had no effect on the development rights of the subject parcels.
These parcels are entitled to the noted 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. Please be
aware that Parcel 4B is nonconforming to the minimum lot size and the minimum frontage
requirement in the Rural Areas district. Further, the physical survey accompanying the
application by Roger W. Ray & Associates shows that the structure on Parcel 23 encroaches
into parcel 4B.
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
Reading Files
B. J. or Amanda B. Megarel
2155 Dogwood Lane
Charlottesville, VA 22901