HomeMy WebLinkAboutLOD201800016 Letter of Determination 2018-11-08IRG1-
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 8, 2018
John Haas
311 East Market St #6
Charlottesville, VA 22902
RE: LOD201800016 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS — Parcel ID 05800-00-00-03300 (190 Lynx Farm Ln, Property of
John Haas) Samuel Miller Magisterial District
Dear Mr. Haas:
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 05800-00-
00-03300 is comprised of three (3) parcels of record, each with one (1) theoretical development
right. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 05800-00-00-03300
contains 3.86 acres and one (1) dwelling. The property is zoned RA, Rural Areas.
Before December 10, 1980
Parcel ID 05800-00-00-03300 (one —2 acre parcel of record, and two -•1 acre parcels of
record)
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
141 / 404
8/23/1909
...a certain lot of land situated on the south side of the
C.&.O.R.R. in the vicinity of Ivy Depot in the County of
Albemarle, containing 2 acres and is more accurately
2
described by a plat made by Hugh F. Simms and hereto
attached as a part of this deed as follows.
Plat attached to the deed on page 405 shows a 2 acre
parcel. Western piece of parcel
163 / 356
8/15/1914
...that lot of land one mile west of Ivy Depot,
Virginia... containing one acre bounded as follows,
according to the plat and survey of Hugh F. Simms,
1
surveyor.... which said plat is hereto attached, as a part of
this deed.
Plat attached to the deed on page 357 shows a 1 acre
parcel. (Northeast corner)
November 8, 2018
LOD201800016
Page 2
166 / 215
8/15/1914
...that lot of land one mile west of Ivy Depot,
Virginia... containing one acre bounded as follows
according to the plat and survey of Hugh F. Simms
surveyor... which said plat is hereto attached as a part of
1
this deed.
Plat attached to the deed on page 216 shows a 1 acre
parcel. (Southeast corner of lot)
After December 10, 1980
Parcel ID 05800-00-00-03300 (one 3.860 acre parcel of record)
Deed
Date
Parcel Change
Description
Acres
Development
Book/Page
Y or N
Rights
3826 / 289
10/7/2009
N
All that certain lot or parcel of land... containing
3.860 acres, more or less, comprised of three
2
1
adjoining parcels shown on plats recorded... in
Deed Book 141, page 405, Deed Book 163,
1
1
page 357, and Deed Book 166, page 216;
1
1
Being designated Albemarle County Tax Map
parcel 05800-00-00-03300.
3914 / 61
7/8/2010
N
Schedule A
All that certain lot or parcel of land... containing
2
1
3.860 acres, more or less, comprised of three
adjoining parcels shown on plats recorded... in
1
1
Deed Book 141, page 405, Deed Book 163,
page 357, and Deed Book 166, page 216.
1
1
This is the same property conveyed... in Deed
Book 3826, page 289.
4230 / 155
8/28/2012
N
Schedule A
All that certain lot or parcel of land... containing
2
1
3.860 acres, more or less, comprised of three
adjoining parcels shown on plats recorded... in
1
1
Deed Book 141, page 405, Deed Book 163,
page 357, and Deed Book 166, page 216.
1
1
This is the same property conveyed... in Deed
Book 3914, page 61.
Based on these deeds;
Parcel ID 05800-00-00-03300 is determined to be three (3) parcels of record, comprised of
the following:
Approximately 2.0 acres+/-, containing one (1) development right,
Approximately 1.0 acres+/-, containing one (1) development right, and
Approximately 1.0 acres+/-, containing one (1) development right.
November 8, 2018
LOD201800016
Page 3
The attached map below shows the approximate location of the three (3) parcels of record, as
shown on the plats recorded in Deed Book 141, page 404, Deed Book 163, page 356, and
Deed Book 166, page 215. A revised survey is recommended for the three lots if future
development of the parcels is contemplated. The Properties because they were established
prior to the adoption of the Zoning Ordinance, December 10, 1980, are nonconforming lots and
subject to Section 6.4 of Chapter 18 of the Albemarle County Code ("Zoning Ordinance").
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.
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.)
Please contact me if you have questions or require additional information.
Sincerely,
Kevin McCollum
Planner
Designee to the Zoning Administrator
Legend
558-8B
(Note: Some items on map may not appear in legend)
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GIS-Web
Geographic Data Services
www.albemarle.org
(434)296-5832
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources October 23, 2018