June 12, 2007

 

John Griffin

3 Boar’s Head Lane

Charlottesville, VA 22903

 

RE: LOD 2007-005 Karen S. Johnson OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 94, Parcel 41A (Property of Karen S. Johnson) Scottsville Magisterial District

 

Dear Mr. Griffin:

 

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 94, Parcel 41A has 5 theoretical development rights. The basis for this determination follows. 

 

Our records indicate Tax Map 94, Parcel 41A contains 79.149 acres and 2 dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 833, page 423.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning

Ordinance, December 10, 1980, is recorded in Deed Book 695, page 598, and is dated June 26th, 1980. The deed conveyed 79.149 acres known as Tax Map 94, Parcel 41A.  Based on this deed, Tax Map 94, Parcel 41A is determined to be a parcel of record with 5 development rights.

 

Deed Book 833, page 423, dated April 10, 1985, conveyed 79.149 acres from Dennis Lee Johnson and Karen S. Johnson to Karen S. Johnson. The land is described as being the same as conveyed in Deed Book 695, page 598.  This transaction had no effect on the parcels.

 

The parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcel with which they are associated. 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, the parcel may create as many smaller 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.  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,

 

 

 

William D. Fritz, AICP

Chief of Zoning

 

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