HomeMy WebLinkAboutLOD200500027 Letter of Determination 2017-07-13COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 229024596
Phone (434) 296-5832 - - Fax (434) 972-4126
September 21, 2005
Rosalyn A. Koontz
2053 Union Mills Road
Troy, VA 22937
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS- Tax Map 133, Parcel
56 (Property of David L. Hurd or Rosalyn A. Koontz) Section 10.3.1
Dear Ms. Koontz:
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 133, Parcel 56 contains zero (0) development rights. The basis for this
determination is provided below.
Our records indicate Tax Map 133, Parcel 56 contains 75.11 acres and one dwelling.
The property is not in an Agricultural and Forestal District. The most recent deed for this
property is recorded in Deed Book 2943, page 346.
The most recent deed for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 569, page 27 and is dated
February 12, 1975. This deed conveyed 296 acres from J.B. Ramsey and Beulah S.
Ramsey to themselves as tenants by the entirety. On the basis of this deed, it is
determined that Parcel 56, containing 296 acres, was a lot of record with five (5)
development rights when the Zoning Ordinance was adopted.
Deed Book 2543, page 50, dated July 31, 2003, conveyed 288.05 acres from William M.
Ramsey, John B. Ramsey, Mane K. Ramsey and C. Richard Carey to Steven L. Peters
and Codie C. Peters. The property is shown on a plat by Roger W. Ray & Assoc., Inc.
that is dated July 24, 2003. It is further described as being the same property that was
conveyed by the deed of record in Deed Book 569, page 27. This transaction had no
effect on the development rights of Parcel 56.
Deed Book 2627, page 39 contains a certificate of plat recorded on October 29, 2003.
The plat by Roger W. Ray & Assoc., Inc. divided the property into 6 parcels. Parcel 4,
containing 117 acres was assigned zero development rights. Parcel 56 is a portion of
1ADEPTI8CZSIDetermin of Parce1120051133-56 Koontz.doc
Rosalyn A. Koontz
September 21, 2005
Page 2
this 117-acre tract. As a result of this transaction no development rights are
available to Parcel 56.
Deed Book 2811, page 487 contains a subdivision plat and road maintenance
agreement recorded on August 3, 2004. The plat shows the division of Parcel 4. Parcel
4A, now designated as Tax Map 133, Parcel 56 contained 75.11 acres. The plat notes
that Parcel 4A may not be divided into parcels less than 21 acres each. As a result of
this transaction, Parcel 56 contains 75.11 acres and zero development rights.
Deed Book 2930, page 480, dated March 2, 2005, conveyed 2 parcels from Steven L.
Peters and Codie C. Peters to David L. Hurd and Rosalyn A. Koontz. Parcel Two,
containing 75.11 acres is described by reference to the plat attached to the deed of
record in Deed Book 2811, page 492. This transaction had no effect on the
development rights of Parcel 56.
Deed Book 2943, page 346 contains a Deed of Correction that is dated March 17, 2005.
This deed again conveyed the property that was conveyed by the deed of record in
Deed Book 2930, page 480. This corrected deed provided access to the private road for
Parcel 3A. This transaction had no effect on the development rights of Parcel 56.
This parcel is 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. In addition to the development right lots, a "parent parcel" may create as many
parcels containing a minimum of twenty-one acres as it has land to make.
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
$120.00. 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
Copy: Gay Carver, Real Estate Supervisor
1ADEPTIBUSOetermin of ParceK2005\133-56 Koontz.doc