HomeMy WebLinkAboutLOD201900001 Letter of Determination 2019-02-11IRG1-
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
February 11, 2019
Howard Vance
1561 Commerce Road Suite 401
Verona VA 24482
RE: LOD2019-000001 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 06900-00-00-00700 (Property of KENNETH RAY
BRADLEY JR) White Hall Magisterial District
Dear Mr. Vance:
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 06900-00-00-00700 is comprised of one (1) parcel of record, with one (1) theoretical
development right. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 06900-00-00-00700
contains 3.22 acres and zero (0) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 06900-00-00-00700, recorded before the December 10,
1980, adoption of the Zoning Ordinance, is found in Deed Book 447, page 581 dated March 19,
1968.
BEFORE DECEMBER 10, 1980
Parcel ID 06900-00-00-00700 (2.78 acre" parcel of record)
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
241 / 574
08/03/1938
Y
...all that certain tract of land... containing 9.4 (nine and
four -tenths) acres more or less and being part of the tract
9.40
conveyed... in DB 118 P 384.
245 / 235
11/27/1939
Y
... The land conveyed hereunder being a strip or parcel of
3.01
varying width lying on the north (left) side of and adjacent
to the hereinabove described centerline, ... The above
described strips or parcels contain 3.01acre, more or less.
249 / 322
11/01/1940
Y
... The land conveyed hereunder being a strip or parcel of
.29
varying width lying on the south (right) side of the
hereinabove described centerline and adjacent to the
present right-of-way... Said strips or parcels contain 0.29
acre, more or less.
February 11, 2019
LOD2019-00001
Page 2
275/480
09/15/1947
N
...that certain tract of land... lying on both sides of U.S.
Highway 250 and containing approximately six acres,
6
conveyance being in gross and not by the acre, and
(6.1)
bounded as follows:
...being all of the nine and four -tenths acres of land that
was conveyed... in DB 241 P 574, except the strips of land
conveyed... to the Commonwealth of Virginia by two
deeds, ... one... conveying 3.01 acres... in DB 245 P 235,
and the other... conveying 0.29 acres... in DB 249 P 322.
The previous two deeds did not calculate a
residue of the 9.4ac that the strips of land
originated, and this deed describes the
property conveyed "in gross and not by the
acre." So, by calculation
there would be approximately 6.10ac (9.40-
3.01-0.29=6.10) but there may be more or less.
413/438
11/01/1965
N
...that certain tract of land... containing six acres, more or
less, situated on both sides of U.S. Route 250...
6
The aforementioned... property ... was conveyed... in DB
275 P 480.
447 / 581
03/19/1968
Y
...described as follows:
Being as shown on Sheet 4 of the plans for Route 64, State
Highway Project... and containing 21.89 acres, more or
less and being part of the same land acquired by the
Grantor from the following four conveyances;... DB 275 P
480;... DB 413 P 438;... DB 298 P 14; and... DB 277 P
591.
This deed conveys 21.89ac, more or less, for
Interstate 64 Right of Way, and is described as
being a part of multiple parcels. For this
determination, the deed of note is DB 275 P 480
and Sheet 4 references this deed but shows the
property as 8.55ac with a remaining portion
being 2.78ac after the ROW taking. There does
2.78
not appear to be a deed or survey describing
the 8.55ac or the 2.78ac residue. Although
there is a different acreage noted on the
Highway Plans, a more exact acreage is
surveyed in 2015 and 2016 and recorded in DB
4772 P 440, noted below.
AFTER DECEMBER 10, 1980
Parcel ID 06900-00-00-00700 (3.218" acres)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
954 / 208
07/07/1987
N
...all that certain lot or parcel of land,... more
particularly designated and described as the
Lucille S. Hawley property on Sheet 4 of the plans
of Route 64... in Plat Book #6, page 193, and
being a portion of the property conveyed to Lucille
S. Hawley... in DB 413 P 438
February 11, 2019
LOD2019-00001
Page 3
This deed does not identify an
acreage, but only refers to a Highway
Project and that the parcel is a portion
of a parcel described in DB 413 P 438
as being six acres, more or less. The
Highway Project Sheet 4 identifies only
a portion of the property north of
Route 250 and shows an acreage of
8.55ac from DB 275 P 480 that
references the property as six acres.
There does not appear to be a deed or
survey describing the 8.55ac or the
2.78ac residue. Although there is a
different acreage noted on the
Highway Plans, a more exact acreage
is surveyed in 2015 and 2016 and
recorded in DB 4772 P 440, noted
below.
2.78
1
4772 / 440
04/04/2000
N
DEED OF CORRECTION
...the property has been incorrectly described...
as Tax Map 69, Parcel 7, as lying only on the
north side of State Route 250.... as containing
2.78 acres, when in fact by recent survey,
hereinafter referred to, only contains 1.525 acres,
3.218
1
on the north side of State Route 250, and that
portion of the land which was intended to be
conveyed which lies south of State Route 250 has
1.525
by recent survey hereinafter referred to contains
N side
1.693 acres ... and the source of title for both
of
parcels is as follows:
Rt 250
This deed describes the property
1.693
transfers that end up with this deed DB
S site
4772 P 440, SEE ABOVE for particular
of
deed descriptions and additional
Rt 250
explanations.
4864 / 496
11/21/2016
N
...two parcels of land... described as follows:
PARCEL ONE: All that certain lot or parcel of
land... containing 1.525 acres, more or less, on a
plat ... in DB 4772 P 440.
PARCEL TWO: All that certain lot or parcel of
land... containing 1.525 acres, more or less, on a
plat... attached hereto and recorded herewith.
Said property is the same property in all respects
conveyed... in DB 954 P 208, as corrected by
deed... in DB 4772 P 435.
Even though this deed describes the
property as two parcels, it is only one
parcel totaling 3.218ac consisting of
two portions as described in the
3.218
1
survey as 1.525ac shown as being
north of Route 250 and 1.693ac shown
as being south of Route 250.
February 11, 2019
LOD2019-00001
Page 4
Based on these deeds
Parcel ID 06900-00-00-00700 is determined to be one (1) parcel of record;
it is containing 3.218 acres", with one (1) development right.
The parcel is entitled to the noted development right 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.
If anyone is aggrieved by this determination, they shall have a right to appeal it within thirty (30)
days of this notice, in accordance with Virginia Code § 15.2-2311. If they 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 Section 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
Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www.albemarle.ora/countvcodebza.
(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,
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcel of record
Copy: Travis Morris, Senior Clerk of the Board of Supervisors
Owner:
Kenneth Ray Bradley Jr
32 Eastside Highway
Waynesboro VA 22980
LOD2019-00001 Kenneth Bradley
Legend
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Tax Map 69 Parcel 7 is one
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Route 250. The entire
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Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources