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Home My WebLink AboutLOD202100007 Letter of Determination 2021-08-23V County of Albemarle COMMUNITY DEVELOPMENT DEPARTMENT August 23, 2021 Kirk Hughes Kirk Hughes & Associates 220 East High Street Charlottesville VA 22902 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone:434-296-5832 WWW.ALBEMARLE.ORG RE: LOD2021-00007 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 05800-00-00-099A1 (Properties of WILLIAM G SWANSON REVOCABLE LIVING TRUST 2006) Samuel Miller Magisterial District Dear Mr. Hughes: The County Attorney and I have reviewed the title information for the above -noted properties. It is the County Attorney's advisory opinion and my official determination that Parcel ID 05800-00-00-099A1 is comprised of one (1) parcel of record, with a total of five (5) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 05800-00-00-099A1 contains 27.46 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 05800-00-00-099A1, recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 326, page 139, dated May 31, 1956. Before December 10, 1980 Deed Book/Page Date Parcel Change Y or N Description Acres 326/139 05/31/1956 Y ...that certain lot or parcel of land ...designated as Lot No. 4.18 2 on a plat ... attached hereto and made a part hereof. Said Lot No. 2 is described on said plat as containing 4.18 acres, and is a portion of a 31.7 acre tract of land conveyed ...in DB 295 P 220. By calculation the residue would have been 27.52 27.52 acres. After December 10, 1980 Deed Book/Page Date Parcel Change Y or N Description Acres Development Rights 2198 / 593 05/14/2002 N All that certain tract of land containing 200.645 acres... Said tract is composed of four parcels described as FIRST: That certain land containing 162.5 31.7 acres, more or less... - 4.18 SECOND: That certain land ...containing = 27.52 acres, more or less, being all of a 27.52 5 parcel containing 31.7 acres, more or less, shown on a plat ...in DB 267 P 419, except a parcel of land containing 4.18 acres described as Lot No. 2 on a plat ...in DB 326 P 139. August 23, 2021 LOD-2021-00007 Page 2 of 3 THIRD: That certain land containing by estimate 0.75 acres... FOURTH: That certain land containing 3.93 acres... 2298 / 280 10/15/2002 Y This is the deed that recorded the plat showing the boundary line adjustment Between Parcel 99A1 and Parcel 100. 28.37 By calculation the 6.21 acres was = transferred to an adjacent parcel 6.21 0 leaving 22.16 acres which would + mean the parcel was surveyed as 22.16 5 being 28.37 acres. The deed above describes the parcel as a 27.52acre parcel. 22981284 10/15/2002 N ... Parcel 1: All that certain lot or parcel of land ... consisting of 22.16 acres, more or 22.16 5 less, and shown as `Residue T.M. 58- 99AV, on plat ...recorded immediately prior hereto... DB 2286 P 280 3623 / 456 07/08/2004 Y All that certain lot or parcel of land... containing 5.33 acres (the "Parcel'), 22.16 5 shown and described as Parcel Y on a + + plat... attached hereto and recorded 5.33 0 herewith. The Parcel is not a separate tract = _ but is added to and combined with TMP 58- 27.49 5 99A1. The Parcel is a portion of the same property conveyed ... in DB 2198 P 593. 4523 / 245 08/04/2014 Y ... conveys ...the land ...described as 27.49 follows: — ...containing 0.0353 acre (1,537.67 square 0.0353 feet), more or less... _ 27.4547 5 48961302 02/25/2017 N ... Parcel 1: All that certain lot or parcel of land ... consisting of 27.49 acres, more or less, and shown as `Revised T.M. 58- 27.4547 5 99AV, on plat ...in DB 3623 P 456. LESS AND EXCEPT that lot or parcel ...containing 0.0353 acre, more or less ...in DB 4523 P 245. Based on these deeds; Parcel ID 05800-00-00-099A1 is determined to be one (1) parcel of record, comprised of 27.4547 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. 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. August 23, 2021 LOD-2021-00007 Page 3 of 3 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 $284. 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 Community Development Department office located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at HERE. 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, and may be reviewed HERE. Please note that our online documents are in PDF format and must be viewed with a PDF reader. A link to download a PDF reader of your choice is available at the bottom of the page HERE. If you have any questions, please contact me. Sincerely, 07 �-- >591eris Francis H. MacCall Chief of Zoning, Deputy Zoning Administrator Attachment: Copy of map delineating parcel(s) of record and development rights. LO s 21-03 TMP58-91, 21-04 TMP58-92C1, 21-052 TMP58-99A, 21-06 TMP58-99B, 21-07 TMP58-99A1, 21-08 TMP58-9 58A2-25A p 58A2-23 58A2-23A 58A2-25 .y'1 58-90B 58A2-23B 58A2-26 58-90C 58-90A3 58-90A Legend (Note. Some items on map rosy not appear In legend) Ivy Rd � �j Parcellnfo _ Q M � ss esAz m 58A2-28 / 58-91 N LOD 2021 03 Q❑ c opt Parcels The noted development � pprox. 8.85 acres rights are theoretical for s8-93A i� 4DRs " the acreage identified in 58-91F the deeds. If new surveys are done that 58 92A 58-92B 58-92 LOD2021-04 reduce any parcels a s8 s1A below certain acreage Approx. 0.600 acres 1 DR totals, then the number 58-91G of development rights 58-92cl may change.** 58-98e 58-98A LOD2021-08 LOD2021-05 ""Development Approx. 3.93 acres Approx. 3.77 acre 58-91 H rights are allocated in 2-acre portions. 11� 1 DR (2-3.99 acres is allocated 1 9B1 58-99A development right, - 4-5.99 acres is allocated 2 1 ; - development rights, 58-98 58-91 J 58-91B 6-7.99 acres is allocated 3 r development rights, \p 8-9.99 acres is allocated 4 development rights, and LOD2021-06 r-. 10+ acres is allocated 5 Approx. 4.18 acres �114 98-91C development rights.) 2 D Rs 58-91 K Rodes- 58-95 LOD2021-07 Approx. 27.45 acres 5DRs 58-91L s8-s1m 58-99A1 /J 58-95A1 58-91Q 58-100 376 ft GIS WMb 02 lull Geeogragral Data Services eadyallseadidegagi N\n (030)296-583232 01 My determination oftopo,opby or contours, or any depiction M p1mfical Improvements, propeM lines or boundaries is art g malion only and shall nat be used for Me design, modification, or consturction of Improvements to real properly or for flood plain determination. August 16. 2021 Map elements may scale larger than GIS data measured in the map or as provided on Me data download page due 0 the projection used. Map Pmjeclion: VJGS84 VJeh Mercator (Ausile,y Sphere) (EPSG 3857)