Daniel J. Bieker
RE:
OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS - Tax Map 99, Parcels 38A, 39 and 40 (Property of Daniel J. Bieker) Section 10.3.1
Dear Mr. Bieker:
The
Tax
Map 99, Parcel 38A
Our records indicate Tax Map 99, Parcel 38A contains 75.250 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1063, page 344.
The most recent instrument for Parcel
38A recorded prior to the date of adoption of the Albemarle County Zoning
Ordinance, (December 10, 1980) is in Deed Book 544, page 159. This deed, dated
On
the basis of this deed it is determined that Parcel 38A is a parcel of record
as provided in Section 10.3 of the zoning ordinance.
Deed Book 945, page 281, dated
Deed Book 1063, page 344, dated
Based on this history, Tax Map 99, Parcel 38A is determined to be a single parcel of record with five (5) development rights if all other applicable regulations can be met.
Our records indicate Tax Map 99, Parcel 39 contains 13.190 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 1849, page 387.
The most recent instrument for Parcel
39 recorded prior to the date of adoption of the Albemarle County Zoning
Ordinance, (December 10, 1980) is in Deed Book 342, page 243. This deed, dated
On
the basis of this deed it is determined that Parcel 39 is a parcel of record as
provided in Section 10.3 of the zoning ordinance.
Deed Book 1849, page 387, dated
Based on this history, Tax Map 99, Parcel 39 is determined to be a single parcel of record with five (5) development rights if all other applicable regulations can be met.
Our records indicate Tax Map 99, Parcel 40 contains 17.00 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 2578, page 442.
This determination begins with Deed Book 162, page 388, dated May 12, 1916. This deed conveyed 1.8 acres from D.P. Woodson and W.J. Woodson to A.D. Hart. The tract is shown on a plat attached to the deed. The subdivision of this tract effectively divided the parent parcel into three separate parcels.
The most recent instrument for Parcel
40 recorded prior to the date of adoption of the Albemarle County Zoning
Ordinance, (December 10, 1980) is in Deed Book 171, page 488. This deed, dated
The tracts are described as containing 10 ¾ acres and 6 ¼ acres respectively.
The deed further provides that the plats of said two tracts made by N. Barrett S.A.C May 1884, being also recorded in D.B. 162, page 337, the divisional plat of said two tracts made by George Gordon for the heirs of Ned and Aleck Madison, July 1917 is also recorded with this deed and made part of the same.
Based on this history, Tax Map 99, Parcel 40 is determined to be comprised of five separate parcels; The parcel containing 1.8 acres that was divided from the parent tract in 1916 contains one (1) development right. The two parcels that are derived from the 10.75- acre tract each contain two (2) development rights. The two additional parcels are derived from the 6.25 acre tract each contain one (1) development right. These development rights may be utilized only 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, one parcel containing a minimum of twenty-one acres may be created, if all other applicable regulations can be met. A chart showing the development potential of these parcels is enclosed.
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,
Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department,
Ches Goodall, Acquisition of Conservation Easements Program Coordinator
DEVELOPMENT POTENTIAL OF Tax Map 99, Parcels 38A, 39 & 40
|
PARCEL |
ACREAGE |
DEVELOPMENT RIGHT LOTS 2 ACRE MIN. |
DIVISION RIGHT LOTS 21 ACRE MIN. |
TOTAL POTENTIAL PARCELS |
|
38A |
75.25 |
5 |
3 |
8 |
|
39 |
13.19 |
5 |
0 |
5 |
|
40 (part) #1 |
5 3/8 |
2 |
0 |
2 |
|
40 (part) #2 |
5 3/8 |
2 |
0 |
2 |
|
40 (part) #3 |
3 1/8 |
1 |
0 |
1 |
|
40 (part) #4 |
3 1/8 |
1 |
0 |
1 |
|
40 (part) #5 |
1.8 |
1 |
0 |
1 |
|
Total |
105.44 |
17 |
3 |
20 |