HomeMy WebLinkAboutLOD201900021 Letter of Determination 2019-10-31i �jwj 4V
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 31, 2019
Brian Ray
663 Berkmar Court
Charlottesville, VA 22901
RE: LOD201900021 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS — Parcel ID 11500-00-00-03300 (4851 and 4831 Rolling Rd,
Property of Anthony and Tina LaPlaca) Scottsville Magisterial District
Brian Ray:
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 11500-00-
00-03300 is comprised of one (1) parcel of record, with four (4) theoretical development rights.
The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 11500-00-00-03300
contains 8.25 acres and two (2) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 11500-00-00-03300, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 670, page 132 and is
dated May 1, 1979.
Before December 10, 1980
Parcel A 8.25 acres +/-
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
84 / 367
2/22/1882
...certain tract or parcel of land ... and containing by
0.5
estimate a little over a half an acre be the same more or
less and bounded as follows to wit...
Written description included
173 / 263
7/28/1913
...a certain lot or parcel of land ... and described as
4.9
follows ... and containing four and 9/10 acres as shown by
survey M.M. VanDoren of date August 8, 1912.
Written description included but could not find
referenced survey.
177 / 455
3/22/1921
...all that certain lot or tract or land... containing four and
4.9
nine -tenths (4.9) acres, more or less, and more definitely
described as follows.... being the same property
conveyed ... on the 4tn day of May, 1920.
Written description of property included.
October 31, 2019
LOD201900021
Page 2
177 / 521
10/26/1921
...all that certain lot or tract of land... containing four and
4.9
nine -tenths (4.9) acres, more or less... being in all respects
the same property ...DB 177-455.
182 / 115
2/23/1923
...all that lot of land consisting of two and one half acres,
2.5
described in the plat attached to this deed (2'/2) acres.
Plat and description of 2 1/2 acre parcel.
287 / 525
8/12/1949
...a tract of land... containing 2 '/2 acres... being the same
2.5
land... recorded... prior to this deed.
287 / 562
3/3/1950
...a tract of land... containing a little over half an acre, more
0.5
or less... more particularly described as follows... being the
same land conveyed in DB 84, p. 367.
Description included.
297 / 408
10/22/1951
...a tract of land... containing 2-1/2 acres... being the same
2.5
land in all respects... in DB 287, p. 525.
315 / 384
3/25/1955
...that certain tract or parcel of land... containing 2'/2 acres,
2.5
more or less... being the same land in all respects... in DB
-
297 p. 408, excepting and reserving ... a cemetery lot
-0.04
contained one thousand six hundred square feet...
_
2.46
379 / 411
6/5/1962
...all that certain lot or parcel of land containing 4.9 acres,
4.9
more or less, being the same property... in DB 177 page
521.
420 / 101
7/29/1966
...all that certain tract or parcel of land... containing 4.9
4.9
acres, more or less, being the same property... in Deed
Book 379, page 411.
670 / 132
5/1/1979
...all that certain tract or parcel of land ... shown as Parcel B
1.43
containing 1.430 acres on plat... attached hereto... and
+
being a portion of the property... in Deed Book 319, page
2.46
310.
+
The Plat and Note suggests that Parcel B (1.43 acres)
4.9
has been combined with Parcel A (2.46+4.9+0.5) to
+
become one tract of land.
0.5
Explanation: The applicable subdivision at the time,
_
adopted 3/29/1978, provides that certain conveyances
9.29
are exempt from the subdivision ordinance. This
particular conveyance was exempt and the subdivision,
Plat
or creation of one parcel (Parcel A), could be done by
corrects
deed. The hooks on the plat and language "...to be
this total
combined with Parcel A, making a total of 8.25 ac. In
to 8.25
one tract of land" recorded with this deed is enough
acres +/-
evidence to suggest that this deed was recorded with
the intent to create one tract of land.
October 31, 2019
LOD201900021
Page 3
After December 10, 1980
Parcel ID 11500-00-00-03300
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
4175 / 210
5/14/2012
All that certain tract or parcel of
8.25
4
land... containing 8.25 acres, more particularly
described as Parcel A & B on a plat... in Deed
Book 670, page 134; Being the same
property... in Deed Book 287, page 652, Deed
Book 315, page 384, Deed Book 420, page
101 and Deed Book 670, page 132.
The land is the same as in Deed Book 670,
page 134 where the plat language
specifically says that Parcel A and B are to
become one tract of land.
Based on these deeds;
Parcel ID 11500-00-00-03300 is determined to be one (1) parcel of record, comprised of
the following:
Approximately 8.25 acres+/-, containing four (4) 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.
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.
October 31, 2019
LOD201900021
Page 4
(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
Designee to the Zoning Administrator
Attachment: Map delineating parcel(s) of record and development rights.
Corrected Parcel ID 11500-00-00-03300
Legend
(Note: Some items on
map may not appear in legend)
Parcel Info
Ih _ II I
❑ Parcels
115-36
4802
Will
115- 37
---
/ 1
4831
115-31A
Approximately 8.25 Acres +/-
-' 4 Development Rights
I
4854
4851
115-31 E
115-31 B
4864
188 ft
115-31 E1
--- 115-32
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