HomeMy WebLinkAboutLOD200400026 Action Letter 2017-07-12L?
LECLAIR RYAN
A Professional Corporation
123 East Main Street
801 Floor
Charlottesville Virginia 22902
434.245.3444
August 20, 2004
Mr. John Shepherd
Manager of Zoning Administration
Department of Building Code and Zoning Services
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Re: Division rights determination for the Tax Map 102 Parcel 39
Dear Mr. Shepherd:
ATTORNEYS AT LAW
TARA ROWAN BOYD
tboyd@leclai=yan.com
Direct Dial• 434.2,45.3429
Direct Fax: 434.245.3459
This is to request a division rights determination for the referenced parcel, which is zoned
Rural Areas. Enclosed please find the request form, together with a check for the $40.00 processing
fee and copies of the relevant tax map pages and referenced documents. Following is my calculation
of the property's development rights, which I would like you to verify.
TMP 102-39; 94.26 acres. This property is vacant, agricultural land, and is in land use.
Prior to December 10, 1980, the property was a single parcel containing approximately 94.26 acres,
as shown on a plat recorded October 2, 1972 with the deed to the then -owner, Thomas H. Oxenham,
Trustee for the benefit of Mary Lou Howard Smith, which deed is recorded in Deed Book 515, page
325. By deed dated January 20, 2000, and recorded in Deed Book 1894, page 561, Gary C. McGee,
as successor trustee, conveyed the property to Mary Lou Howard Smith, who conveyed the property
on the same date to PDR Properties, LLC, by deed recorded in Deed Book 1894, page 568. Ms.
Kluge conveyed the property to House & Garden Company, L.L.C. by deed dated September 20,
2002 and recorded in Deed Book 2366, page 489 (correcting Deed Book 2353, page 198). By
Certificate of Amendment issued August 18, 2003 and recorded in Deed Book 2696, page 734,
House & Garden Company, L.L.C. changed its name to Kluge Estate Winery and Vineyard, L.L.C.,
th_ current owner of the property.
Based on the foregoing, it appears that the property retains its original five development
rights. These development rights are retained in addition to parcels that may be divided as a matter of
right within the RA zoning classification into parcels of 21 acres or more from the residue.
Alexandria = Blacksburg o Charlottesville - Glen Allen Norfolk - Richmond c Roanoke - Washington DC
www.leclairryan.com
Mr. John Shepherd
Department of Building Code and Zoning Services
August 20, 2004
Page 2 of 2
I respectfully request your determination. Please contact me if you have further questions
regarding the subject property.
Ve u
T owan Boyd, Esq.
Enclosures
C.c. (w/o enc.): William J. Moses