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HomeMy WebLinkAboutLOD201800014 Letter of Determination 2018-09-21�'IRGiN�� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 21, 2018 Jeremy Hughes 925 Claudius Court Crozet VA 22932 RE: LOD201800014 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS — Parcel ID 08500-00-00-004132 (Property of James A. Bryan) Samuel Miller Magisterial District Dear Mr. Hughes: 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 Parcel ID 08500-00- 00-004132 is comprised of one (1) parcel of record, with five (5) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 08500-00-00-004132 contains 23.50 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 08500-00-00-004132, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 648, page 759 dated June 5, 1978. This deed is also the latest deed on record for the parcel. Before December 10, 1980 Parcel ID 08500-00-00-004132 (23.5 acre parcel of record) Deed Book/Page Date Parcel Change Y or N Description Acres 117 / 73 5/17/1900 N ...Daniel Harmon... appointed commissioner to sell the tract of land of which the late Adam L. Via died seized ... the said land was offered for sale at auction... and was sold to the said F.H. Via... ...Daniel Harmon, commissioner ... grant ... unto the said 233 F.H. Via ... the tract of land aforesaid, which is situated in the County of Albemarle near Batesville, and contains two hundred and thirty three (233) acres more or less, and is in all respects the same land more fully described in the will of the late Adam Via. 173 / 54 1/29/1920 Y ...all that certain tract of land situated in the County of Albemarle, Virginia, near the village of Batesville, containing two hundred and fifteen (215) acres, more or less, except'/4 A. including the present burying ground being the tract of land upon which the parties of the first part now reside and 215 September 21, 2018 LOD201800014 Page 2 which was conveyed to the said Frank H. Via ... in D.B. 117, pg. 73, in which deed said land was described as containing two hundred and thirty three (233) acres, more or less, and as formerly belonging to the3 late Adam L. Via, from which tract was conveyed by the parties of the first part to Edward Wood two tracts aggregating eighteen (18) acres, D.B. 131, p. 371 and D.B. 149, p.80. 293 / 392 1/24/1951 Y ...all that certain tract or parcel of land with improvements therein... containing 208 acres, more or less, except one- fourth of an acre ... set forth in D.B.173, 54, and a tract of 208 four acres, more or less ... in D.B. 287, p.481, being the same property in every respect... in D.B. 287, p . 482. 306 / 388 8/11/1953 Y ...all of a tract of land containing 35 acres more or less, which is a portion of a 208 acre tract... recorded in D.B. 293, p. 392... 35 The said tract of 35 acres, more or less, here conveyed off the said 208 acre tract is bounded as follows... 648 / 759 6/5/1978 Y All that certain tract or parcel of land containing 23-1/2 acres, more or less ... and being the major portion of the approximately 35 acre tract of land which was 23.5 conveyed... in D.B. 306, p. 388. Said overall parcel of land is shown on Albemarle County Tax Map Sheet 85 as Parcel 413. AFTER DECEMBER 10, 1980 Parcel ID 08500-00-00-0041132 (23.5 acre parcel of record) Deed Book / Page Date Parcel Change Y or N Description Acres There are no deeds after 1980 pertaining to this property. Based on these deeds; Parcel ID 08500-00-00-0041132 is determined to be one (1) parcel of record comprised of the following: Approximately 23.5 acres +/-, containing five (5) development rights. 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 contain less than twenty one acres allowed to be created by right. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing. September 21, 2018 LOD201800014 Page 3 Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) If you have any questions, please contact me. Sincerely, Kevin McCollum Planner, Zoning Designee to the Zoning Administrator Attachment: Map delineating Parcel of Record September 21, 2018 LOD201800014 Page 4 LOD201800014 James A Bryan Property 85 3 Legend 85-11$ 85-313 95.4C 1954 V � 65-3431 \ a446 14, T G� C�, r� 85-11 'dry 5 DRs 99T5 a5-4F r ;-4R2 e5-d 85-e$1 10 55-4B 2o24 a5-4 7620 + yl �4-47 05-4B3 26?2 9 13 635 95 4K i { C7 7U5 L M �f -- ti SFIFFH� 65-4A 85.4H 289 ft 84-4fA Y 84 68A 84-d8C 85-tiA i,�,ixoaxw �,,,�mc¢,.,�h�..o-m•t.b�.,mrao.,v.o�r. ..,raw .naca,r�rer saw— E,N,e