HomeMy WebLinkAboutLOD201900009 Letter of Determination 2019-04-02COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
April 2, 2019
Sharon Martin
4025 Martin Valley Farm
Troy, VA 22974
RE: LOD201900011 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS — Parcel ID 09400-00-00-02200 (4025 Martin Valley Farm,
Property of Duane or Sharon Martin) Scottsville 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 09400-00-
00-02200 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 09400-00-00-02200
contains 41.26 acres and four (4) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 09400-00-00-02200, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 462, page 255 and is
dated April 28, 1969.
Before December 10, 1980
Parcel ID 09400-00-00-02200 (45 acre parcel of record)
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
116 / 300
7/25/1898
N
Grantors: John Marshall
Grantee: B.C. Hearns
45
...the tract of land containing forty-five acres bought from
D.E. Hancock's estate lying in the County of Albemarle.
458 / 427
4/28/1969
N
...the land of the late B.C. Hearns ... lying mostly in
Albemarle County ... This land is composed of 45 acres
45
conveyed to B.C. Hearns by John W. Marshall and others
dated July 25, 1898, and recorded in Deed Book 116, page
30
April 2, 2019
LOD201900011
Page 2
462 / 255
4/28/1969
N
...the land of the late B.C. Hearns... lying mostly in
Albemarle County ... This land is composed of 45 acres
45
conveyed to B.C. Hearns by John W. Marshall and others
dated July 25, 1898, and recorded in Deed Book 116, page
30
After December 10, 1980
Parcel ID 09400-00-00-02200 (43.26 acre parcel of record)
Deed
Date
Parcel Change
Description
Acres
Development
Book/Page
Y or N
Rights
1429 / 671
5/2/1994
Y
All that certain lot or parcel of land containing
2.00 acres described as parcel x on a
subdivision plat showing "Parcel `X' - a 2.000
ac. Portion of T.M. 94 Par. 22 to be added to
T.M. 94 Par. 22A Albemarle County, Virginia"
41.26
5
...a copy which is attached hereto
Attached subdivision plat shows 2 acres of
TM 94-22 being conveyed and added to TM-
22A. No development rights were transferred
with the 2 acres.
The plat shows that the residue is 43.142
acres, however, 1.88 acres of the parcel lie in
Fluvanna County, therefore, after this
transfer Parcel ID 94-22 is 41.26 acres.
1572 / 633
10/10/1996
N
All that certain tract or parcel... containing
43.142 acres, more particularly described on a
41.26
5
plat... attached hereto... being the remainder of
the property conveyed... in Deed Book 116,
page 300.
3175 / 198
3/7/2006
N
ALL that certain tract, parcel or lot of
land... containing 43.142 acres, more or less,
41.26
5
shown on a plat... in Deed Book 1572, page
637.
Being the same property in all respects
conveyed to Bobby D. Martin, Sr. and Penny B.
Martin... in Deed Book 1572, page 633.
Based on these deeds;
Parcel ID 09400-00-00-02200 is determined to be one (1) parcel of record, comprised of
the following:
Approximately 41.26 acres+/-, containing five (5) development rights.
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 contain less than twenty one acres allowed to be created by right.
April 2, 2019
LOD201900011
Page 3
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,
t I
Kevin McCollum
Planner
Designee to the Zoning Administrator
TMP I Acreage Division rights for 21 acre minimum parcels Development rights
09400-00-00-02200 1 41.26 1 5
Attachment: Map delineating parcel(s) of record and development rights.
Tax Map 94 Parcel 22
9 4
94B-01-OB-11
Legend
9 4-21 L 7,p@
70.
94 B-01-OA-1�
(Note: ome items on map may not appear in legend)
a 94B-01-OB-9
94-24A1
Parcel Info
❑ Parcels
9A6
or
94-24A �1
94-24D
0 9
Veo �e'8
94B-02-''-2
`9 doe
Presently, 4 development rights
of
are being utilized, one for each
oe
94-24F
of the four dwelling units
o ,
located on the property.
'off
94-24D1
m p 9413-02-4
0!
The property theoretically has 1
additional unused development
o
right, as well as the ability to
m
create 1 lot of at least 21 acres.
0.01
(if all other applicable site and
�
>7�
zoning regulations can be met)
0
s� as
41.26 Acres 94 24
94-24E
y
Q�
•o-1
5 D Rs
0
N 9413-02--8
0
m
v
w
94B-02--9
� J
9413-02--1
!
376 ft
94-22A
2y Al9F
GIS-Web
Geographic Data Services
w .albemade.org/gis
(434)296-5832
Any determination of topography or contours, or any depiction of physical improvement, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. March 25, 2019