HomeMy WebLinkAboutLOD201900017 Letter of Determination 2019-07-22Lp
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 22, 2019
Janet Bradley
2019 Woodbrook Ct.
Charlottesville, VA 22901
RE: LOD201900017 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS — Parcel ID 079A2-00-OG-02600 (3432 Keswick Road, Keswick,
VA 22947) Rivanna Magisterial District
Dear Janet Bradley:
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 079A2-00-
OG-02600 is comprised of two (2) 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 079A2-00-OG-02600
contains 7 acres and one (1) dwelling. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 079A2-00-OG-02600, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 624, page 352 and is
dated June 3, 1977.
Before December 10, 1980
Royal Acres Lots 26 and 27 in Block G, 3.5 acres+/- each
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
280/332
9/14/1948
Y
This deed includes a plat of "Royal Acres" that shows
3.5
the creation of numerous lots from the parent tract
+
mentioned above. Lots 26 and 27 are shown on page
3.5
336.
_
There are no acreage totals on the plat. However,
7
parcels 26 and 27 looks about equal and given that the
property is estimated at 7 acres today this plat
suggests that lots 26 and 27 are roughly 3.5 acres each.
280/466
9/14/1948
N
...lots 26 and 27 in Block G on plat of Royal Acres recorded
3.5
with deed... D.B. 280, p. 322, plat on pages 335 to 338.
+
This is a part of the property conveyed... in D.B. 279, p.
3.5
113.
_
7
July 22, 2019
LOD201900017
Page 2
455/535
3/12/1969
N
Those two certain lots or parcels of land... designated as
Lots 26 and 27 in Block G on plat of Royal Acres, recorded
with the deed... in Deed Book 280, page 332, with plat
recorded on pages 335 to 338, and being in all respects the
lots conveyed ... in Deed Book 280, page 466.
3.5
+
3.5
=
7
480/88
12/1/1970
N
...all those certain lots or parcels of land... being Lots 26
3.5
and 27, Block G on plat of Royal Acres, recorded in ... Deed
+
Book 280, pages 335-338, being the same property in all
3.5
respects... in Deed Book 455, page 535.
_
7
624/352
6/3/1977
N
All those certain lots or parcels of land... being Lots 26 and
3.5
27, Block G on plat of Royal Acres, of record in ... Deed
+
Book 280, pages 335-338, being the same property in
3.5
every respect as that ... in Deed Book 480, page 88.
_
The plat on Deed Book 280 page 336 and the consistent
7
description of the property as "lots or parcels" 26 and
27 suggest that on the date of the adoption of the
ordinance, December 10, 1980, the property in question
was two parcels of record containing approximately 3.5
acres each.
After December 10, 1980
Parcel ID 079A2-00-OG-02600, 7 acres
Deed
Date
Parcel Change
Description
Acres
Development
Book/Page
Y or N
Rights
1185/279
9/24/1991
N
...all those certain lots or parcels of land... being
3.5
1
Lots 26 and 27, Block G on plat of Royal Acres,
+
+
of record... in Deed Book 280, pages 335-338,
3.5
1
being the same property... in Deed Book 624,
page 352.
7
2
1305/89
4/23/1993
N
...all those certain lots or parcels of land... being
3.5
1
Lots 26 and 27, Block G on plat of Royal Acres,
+
+
of record... in Deed Book 280, page 335-338;
3.5
1
and being the same property as was
=
_
conveyed ... in Deed Book 1185, page 279.
7
2
1572/317
10/22/1996
N
...all those certain lots or parcels of land... being
3.5
1
Lots 26 and 27, Block G on plat of Royal Acres,
+
+
of record in ... Deed Book 280, pages 335-338,
3.5
1
and being the same property... in Deed Book
=
_
1305, page 89.
7
2
Based on these deeds;
Parcel ID 079A2-00-OG-02600 is determined to be two (2) parcels of record, comprised of
the following:
Lot 26, Block G, Royal Acres -- Approximately 3.5 acres+/-, containing one (1)
development right.
Lot 27, Block G, Royal Acres -- Approximately 3.5 acres+/-, containing one (1)
development right.
July 22, 2019
LOD201900017
Page 3
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 Albemarle County Code § 18-34.3, along with
a fee of $258. Additionally, a separate fee is required for the cost of providing notice and
advertising of the appeal for a 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
Attachment: Map delineating parcel(s) of record and development rights.
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate
Parcel ID 079A2-00-OG-02600
Legend
7 9A 2--0 G-19 79A2--OG-20
(Note: Some items on map may not appear in legend)
79A2--OG-18
Parcel Info
79A2--OG-17
El Parcels
0
79-12
N
T
ti
Lot 26 Lot 27
DB 280/336 DB 280/336
3.5 Acres +/- 3.5 Acres +/-
N
1 Development 1 Development
Right Right
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79A2�-0113-26 79A2--OG-28
79A2--OG-29
79A2--OG-25
79A2--OG-24
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3466
79A2--OG-30
79A2--OF-9
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Any determination of topography or contours, or any depiction of physical improvements, 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. July 12, 2019