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Home My WebLink AboutLOD201800015 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 David Jordan 18267 Channel Ridge Court Leesburg, VA 20176 RE: LOD201800015 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS — Parcel ID 10200-00-00-03700 (Property of Salvatore or Gail Cangiano) Scottsville Magisterial District Dear Mr. Jordan: 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 10200-00- 00-03700 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 10200-00-00-03700 contains 21.68 acres and zero (0) dwellings. The property is zoned RA, Rural Areas and is located within the Lanark Agricultural and Forestal District. Before December 10, 1980 Parcel ID 10200-00-00-03700 (79.4312 acre parcel of record) Deed Book/Page Date Parcel Change Y or N Description Acres 250 / 53 3/10/1941 N ...all that certain tract or parcel of land... containing 97 acres, more or less ... and more particularly described according to a plat... hereto attached and made a part hereof... 97 The land herein conveyed is a part of the land conveyed... by deed... D.B. 145, page 360, to which deed and plat reference is made for a more accurate description of the property conveyed. Accompanying plat shows the bounds of the 97 acres 421 / 54 8/16/1966 N This deed... by and between Olive W. Minor ... and William C. Thacker, Jr.... ...that certain tract of land... known as "Argyle," containing ninety-seven (97) acres, more or less .... being the same 97 property which was conveyed to Lucian H. Minor by Daisy Howard Van Doren... in D.B. 250, p. 53, said deed describing more particularly the property hereby conveyed... November 8, 2018 LOD201800015 Page 2 577 / 377 5/23/1975 Y ...tract of land... conveyed to us by a deed ... in Deed Book 421, page 54, a portion of which tract has been subdivided into nine lots ... and shown on plat ... which is attached hereto and recorded with this statement... known as the "Blenwood Subdivision." All of the parcels on the subdivision plat add up to 18.221 acres. Therefore, the remainder of the original 97 acres is 78.779 acres, more or less. 97 - 18.221 = 78.779 694 / 377 5/23/1980 Y ...William C. Thacker, Jr.... do hereby grant... unto Forrest R. Marshall, Jr. the following described property, to wit: Parcel One: All that certain tract or parcel of land... containing 60 acres more or less, being a portion of the property known as "Argyle" and being 60.3312 a portion of the property conveyed to William C. Thacker, Jr .... by deed of Olive W. Minor ... in Deed Book 421, page 54. This parcel includes a .3312 + acre parcel conveyed to William C. Thacker... by deed of Frances Hofer... 19.1 Parcel Two: All that certain tract or parcel of land... containing 19.1 acres, more or less, being a = portion of the property known as "Argyle" and being a portion of the property conveyed to William C. 79.4312 Thacker Jr....by deed of Olive W. Minor ... in Deed Book 421, page 54. The 60 acres and the 19.1 acres (79.1 total), a portion of the original 97 acres, are described here as two separate parcels and parcel one, the larger, has an additional .3312 acres lumped with it. However, because there is no accompanying plat or written description of the parcels, and because the original 97 acres was only subdivided (only documented subdivision) in DB 577, pg. 377, there is no reason to believe the total of 79.4312 acres is anything more than one parcel of record. After December 10, 1980 Parcel ID 10200-00-00-03700 (21.68 parcel of record) Deed Book/Page Date Parcel Change Y or N Description Acres Development Rights 789 / 185 2/10/1984 N ...All that certain tract or parcel of land with the improvements thereon and the appurtenances thereunto belonging situated in the Scottsville Magisterial District of Albemarle County, Virginia near Carter's Bridge, fronting on State Route 627 and, to a small extent, State Route 78.1251 5 727, containing 78.1251 acres, being more particularly shown and described on a plat ... dated February 8, 1984, which said plat is hereto attached and made a part hereof, and November 8, 2018 LOD201800015 Page 3 to which plat reference is made for a more particular description of the property conveyed. This is the same property in all respects which was conveyed unto Forrest R. Marshall, Jr. by deed of William C. Thacker, Jr.... dated May 23, 1980... in Deed Book 694 at Page 377, in which deed said property is described as consisting of two parcels, one containing 78.7 acres, more or less, an one containing 0.3312 acres. Both parcels are included within this conveyance. The land here is the same land described in DB 694, pg. 377 and the attached plat corrects the 79.4312 acres, more or less, described in that book to a more accurate 78.1251 acres, more or less. 3997 / 251 2/7/2011 N Exhibit A — Real Estate Description TMP 102-37 All that certain tract or parcel of 78.1251 5 land... containing 78.1251 acres, more or less, shown on a plat .... om Deed Book 789, page 187; less and except all those certain strips or parcels of land conveyed in Deed Book 821, page 493; and Deed Book 821, page 497. 4016 / 674 3/4/2011 Y CERTIFICATE OF PLAT The attached plat ... of the lands... being the same land acquired... in Deed Book 3997 at page 251. Boundary Line Adjustment Survey Showing Parcel One 21.6830 acres 21.6830 5 Being a portion of TMP 10200-00-00-03700 Notes: 8.) Parcel one is assigned 5 development rights and may be further divided. This boundary line adjustment plat shows the change in the boundary line for Parcel 102-37 and the notes accompanying the plat describe how the parcel maintains all of its 5 development rights even though it is reduced from 78.1251 acres to 21.6830 acres. 4030 / 550 5/9/2011 N Tract 2: TMP 10200-00-00-03700: all that certain lot or parcel of land... containing 21.6830 acres, more or less, shown as Parcel 21.6830 5 One on a plat... in Deed Book 4016, page 674 4553 / 393 10/16/2014 N ...certain real property and all improvements ... which is more particularly described on Exhibit A which is attached November 8, 2018 LOD201800015 Page 4 hereto... Grantor acquired the Property... in Deed Book 4030 at page 550. Property Description Tax Parcel Identification Number: 10200-00- 00-03700 21.6830 5 All that certain real property... known as Parcel One, containing 21.6830 acres of land, more or less, as more particularly shown and depicted on that certain boundary line adjustment survey plat ... titled "Boundary Line Adjustment Survey Showing Parcel One... Parcel Two ... and 129.6832 AC."...in Deed Book 4016 at Page 674. And being the same property... in Deed Book 4030 at Page 550. Based on these deeds; Parcel ID 10200-00-00-03700 is determined to be one (1) parcel of record comprised of the following: Approximately 21.6830 acres +/-, containing five (5) development rights. Explanation: Because the original parcel of record of 97 acres, established by a plat in Deed Book 250, page 53, was only officially recorded as being subdivided one time prior to December 10, 1980, the remaining 78.1251 acres, shown on a plat in Deed Book 789, page 185 was entitled to five (5) development rights. That 78.1251 acres was subsequently reduced to 21.6830 acres by a Boundary Line Adjustment in Deed Book 4016, page 674, but the notes on the plat attached to the Deed describe that the 21.6830 acres maintains all of the five (5) development rights Parcel ID 10200-00-00-03700 was entitled to. Given this information presented above, there is no reason to believe that Parcel ID 10200-00-00-03700 is anything more or less than one (1) parcel of record with 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. November 8, 2018 LOD201800015 Page 5 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, &Y� Kevin McCollum Planner Designee to the Zoning Administrator Parcel 10200-00-00-03700 (21.6830 acre parcel of record) Legend (Note: Some items on map may not appear in legend) 102-35C auEa� ERsm o -RESCUE S—ON o Ho°sPi;uE" ® �oRCE 31111oR ® a°�REA;�Ro�RsM a scRooi Reoi P zo r,z ,awe—d. €P 102-36 i ais a `a�nai is .o a 627 H 1L1- LN 102-37 NIIN��Y P 5 Development Rights 02B ■ 102-19A h %s" � 102-37 352 ft 102-39 102-37K nt9e of GIS-Web Geographic Data Services 102-40B 102-371�— www.albemarle.org (434)296-sa32 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources October 16, 2018