HomeMy WebLinkAboutLOD201800017 Letter of Determination 2018-12-20�'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
December 20, 2018
Stanley Land Surveys PLC
106 Crofton Plaza, Ste 8
Palmyra, VA 22963
RE: LOD201800017 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS — Parcel ID 05700-00-00-06500 (1595 Browns Gap Tpke, Property
of Edward or Brita Lineburger) White Hall Magisterial District
To whom it may concern:
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 05700-00-
00-06500 is comprised of three (3) parcels of record, with three (3) theoretical development
rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 05700-00-00-06500
contains 5.61 acres and one (1) dwelling. The property is zoned RA, Rural Areas.
Before December 10, 1980
Parcel ID 05700-00-00-06500 (2.98 acre parcel of record) Parcel ID 05700-00-00-06400
(containing a 1 5/8 acre parcel of record and a 1 acre parcel of record)
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
43 / 264
6/22/1845
N
...one and a half acres of land ... on the waters of Beavers
Creek, adjoining the lands of the said William Ballard & of
J.J. Winn and of A.A. Smith and bounded as follows...
Written description of the property included in the
1 '/2
deed. Oldest description of parcel 57-65 we can find.
Description is referenced on plat in DB 1486, 522.
Acreage is corrected later to approximately 2.98 acres
73 / 384
3/27/1878
N
...a lot of land... containing one acre more or less...
No description or plat accompanying the deed but this
1
is the oldest record of a 1 acre parcel of record that is
contained within 57-64 in DB 423/199, which becomes
combined with 57-65 in DB 1921/255.
December 20, 2018
LOD201800017
Page 2
122 / 215
1/22/1902
N
...all that certain lot or parcel of land containing one
acre ... and is bounded according to a survey... hereto
attached as follows...
1
Description and plat of the parcel is included in the
deed. Plat establishes a one acre parcel on the
northern portion of what was known as 57-64 in DB
423/199, which became 57-61(E) on the plat in DB
14861522, which is now a part of 57-65 after the
combination in DB 1921/255.
126 / 190
1/15/1903
N
...one acres of land situated on the Public Road leading
from Mechum's River, Va. to White Hall, Va., corner stones
being already planted to show lines of the same. The said
1
acre of land lies east of the road... adjoining C.H. Parott's
deed estates, and what is now called the Wolf property...
147 / 485
5/10/1911
N
...all of those certain tracts or parcels of land... consisting of
three tracts; 1s'. a certain tract or parcel of land containing
1
one acre more or less... in Deed Book 73, page 384. 2nd. All
+
of that certain tract or parcel of land containing twenty
1
acres, more or less, being all of the same tract or parcel of
=
land ... in Deed Book 99, page 412, and 31d a certain tract of
2
land containing one acres being the same land... in deed
Book 126, pa e 190...
150 / 259
11/13/1909
N
...two certain lots of land... aggregating 3 5/8 acres and
more accurately described in a plat... hereto attached as
follows...
Plat on page 260 shows the two lots of land. Neither
1 5/8
have a specified acreage, but lot No. 2 appears to be
the plat of TMP 57-61 (West) in DB 1486/522 and lot No.
1 appears to be the lower portion of TMP 57-61 (East) in
DB 1486/522. If TMP 57-61 (West) today is 2.08 acres,
then it is reasonable to assume lot No. 2 is 2 acres,
more or less, and lot No. 1 is 1 5/8 acres, more or less.
172 / 530
3/18/1920
N
...the following tracts or parcel of real estate ... FIRST: ... a
certain parcel of land... containing two acres more or
less ... and being the same parcel of land formerly owned by
Abraham Wallace who died intestate... SECOND:... a
2
certain tract of Twenty acres of real estate, more or less,
said tract... being the same parcel of real estate of which
the said Abraham Wallace died seized and possessed and
which passed to his heirs at law.
357 / 388
5/15/1957
N
...all of those two certain parcels of land... containing 1 '/2
acres, more or less, being a portion of the property which
was conveyed... in D.B. 172, p. 530. Reference is also
1 1/2
made to a deed recorded in D.B. 147 p. 485... to which
deeds reference is hereby made for a more detailed
description to the property therein conveyed.
411 / 293
9/7/1965
N
...all of those three parcels of land... containing 4 5/8ths
acres according to plats by J.T.E. Simms, being the same
1
property which was conveyed to ... by two deeds... in D.B.
+
122 p. 215, together with plat of the 1 acre tract, and... in
1 5/8
D.B. 150, p. 259, in which deed the property is shown on 2
=
plats ... on page 260. The said properties are described on
2 5/8
the tax map of Albemarle County on page 57 as Parcels 61
and 64.
December 20, 2018
LOD201800017
Page 3
Parcel 57-64, appears as 57-61(E) on the plat in DB
14861522, is approximately 2 518 acres, but is the
aggregate of the 1 acre parcel of record on the plat in
DB 122/215 and the 1 5/8 acre parcel of record on the
plat in DB 150/259.
423 / 199
10/25/1966
N
...the following several tracts of land aggregating 6 acres,
more or less... being the same property which was
1 '/2
conveyed to the party of the first party by two deeds... in
D.B. 357, p. 388, which conveyed 1 '/z acres, more or less,
+
designated in County Plat Book page 57-65.... in D.B. 411,
p. 293, which conveyed 4 5/8 acres, designated in County
2 5/8
Plat Book page 57-61 and 64.
TMP 57-65 is shown here as containing 1 1/2 acres but is
=
the same land in every regard as Parcel 57-65 on the
plat in DB 1486/522 which shows it as being 2.98 acres.
4 1/8
Parcel 57-64, which is actually 2 parcels of record (see
above explanation), contains 2 5/8 acres and later
becomes known as 57-61(E) and contains 2.63 acres on
the plat in DB 1486/522. Because this is the last record
prior to the adoption of the Zoning Ordinance, what is
known today as Parcel 57-65 in DB 1921/255, was
considered 2 parcels of record and each given a
theoretical development right.
After December 10, 1980
Parcel ID 05700-00-00-06500 (5.61 acre parcel of record)
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
1486/522
6/28/1995
Y
Plat showing survey of 2.08 acres, 2.63 acres &
2.98 acres.
T.M. 57-61 (East) 2.63 Acres
2.63
1
D.B. 423-199
D.B. 150-260 Plat
D.B. 122-216 Plat
T.M. 57-65 2.98 Acres
2.98
1
D.B. 423-199
D.B. 43-264 DESC.
This plat changes the name of Parcel 57-64
in DB 423/199 to 57-61(E) but the acreage
remains the same. This plat corrects the
previously 1 '/2 acres of 57-65 to 2.98 acres,
but the parcel is the same land in all aspects
and is the first recorded plat of this parcel.
1691 / 21
4/2/1998
N
All those certain lots or parcels of land ... shown
as T.M. 57-61 (West), T.M. 57-61 (East), and
2.63
1
T.M. 57-65, containing 2.08 acres, 2.63 acres
and 2.98 acres, respectively on a plat ... in Deed
Book 1486 at page 522.
This is the same property which was
2.98
1
conveyed ... in Deed Book 423 at page 199.
December 20, 2018
LOD201800017
Page 4
1806 / 49
4/7/1999
N
...all those certain lots or parcels of
land ... shown as T.M. 57-61 (East) and T.M. 57-
65, containing 2.63 acres and 2.98 acres,
respectively on a plat... in Deed Book 1486,
page 522, being a portion of the property
conveyed ... in Deed Book 1691, page 21.
2.63
2.98
1
1
1921 / 255
12/7/1999
Y
All that certain parcel of land... containing 5.61
acres more or less, and more particularly
described as T.M. 57-61(E) containing 2.63
acres and T.M. 57-65 containing 2.98 acres on
a plat... in Deed Book 1486, page 522. It is the
intention of Grantor to combine T.M. 57-61(E)
5.61
2
and T.M. 57-65 into one parcel, as shown on
the attached plat... attached hereto and
recorded herewith.
Being the same property as was conveyed to
the Grantor... in Deed Book 1806, page 49.
Plat shows the combination of 57-61(E) and
57-65 to become 57-65 containing 5.61 acres
and having two development rights.
Based on these deeds;
Parcel ID 05700-00-00-06500 is determined to be three (3) parcels of record, comprised of
the following:
Approximately 1.0 acres+/-, containing one (1) development right.
Approximately 1.625 acres+/-, containing one (1) development right.
Approximately 2.98 acres +/-, containing one (1) development right.
The parcel is 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.
Specifically, the three parcels of record existed on December 10, 1980 therefore each
parcel would have contained one development right. As stated above these development
rights may only be utilized within the bounds of the original parcel with which they are
associated, a map is attached below. The boundary line adjustment combined the three
parcels into one parcel, in Deed Book 1921, page 255. Any new resulting parcels must
contain at least two acres. Parcel ID 05700-00-00-06500, consisting of 5.61 acres, does
not contain enough acreage to create more than two parcels since the minimum parcel
size for new parcels in the Rural Area is 2 acres.
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.
December 20, 2018
LOD201800017
Page 5
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,
A41 �M�
---
Kevin McCollum
Planner
Designee to the Zoning Administrator
Attachment: Map delineating parcels of record and development rights.
Parcel ID 05700-00-00-06500 containig 5.61 acres and three (3) theoretical development rights
s�
Legend
b
Some items on map may not appear in legend)
57-5D9n(Note:
3
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57 5C
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The purpose of this map is to
show the parcels of record that
1594
existed on December 10, 1980
57-5C1
/ !'
and the allocation of
Development Rights (DR). The
;j
boundary line adjustment in Deed
2.98 acres +/-
Book 1921, page 255 combined
/
DB 1486/522
these parcels into one parcel
1 DR
identified as Parcel ID
f `
05700-00-00-06500. That parcel
that exists today contains these 3
57-69
theoretical development rights,
however, any new lot created
680
57-65 1595
must be 2 acres minimum in size.
1 acre +/-
DB 122/215
15—
1581
1 DR
57-5C2
�
r
J
57-63
1575
1 5/8 acres +/-
DB 150/259
1 DR
J
`
57-62
1.
/57=5C3
131 ft
57-61A
57.60
OF AZBF
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Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources November 28, 2018