HomeMy WebLinkAboutLOD202100012 Letter of Determination 2021-10-26�.i OF AL8
County of Albemarle
m COMMUNITY DEVELOPMENT DEPARTMENT
October 26, 2021
Brian Ray
Roger W. Ray & Associates, Inc.
663 Berkmar Court
Charlottesville VA 22901
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434- 29 6 - 5 832
WWW.ALBEMARLE.ORG
RE: LOD2021-00012 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 06500-00-00-031 SO (Property of CHARLES B & ERICA
J STEVENS) Rivanna Magisterial District
Dear Mr. Ray:
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 06500-00-00-031 BO is comprised of nine (9) parcels of record, One with a total of two
(2) theoretical development rights and the remaining parcels each with one (1) theoretical
development right. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 06500-00-00-031 BO
contains 7.45 acres and three (3) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 06500-00-00-031 B0, recorded before the December 10,
1980, adoption of the Zoning Ordinance, is found in Deed Book 704, page 540, dated November
1. 1980.
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
186 / 44
02/01/1924
Y
... a certain tract of land ... more particularly described as follows:
0.75
Beginning at a point ...to the beginning, containing three fourth of
an acre, more or less, being part of the same land, which was
conveyed in DB 174 P 150 ...
This parcel is described later in DB 245 P 329 as being
0.36
.36 acres
245 / 327
01/22/1940
Y
...all that certain lot or parcel of land ...containing .13 acres known
0.13
and designated as Lot No.1 on a plat ...recorded with and made
part of this deed.
The plat on page 329 also shows multiple other lots
1.54
created. The deed references it as a "Plat of division
of 3.81A. of land..." This page is referenced in the
And
deeds for multiple lots. The lots that are part of this
0.75
determination are noted to the right.
245 / 553
03/151940
Y
...all that certain tract or parcel of land ...containing 35/100 of an
0.35
acre, more or less, according to plat ...attached hereto as part of
this deed ... being a portion of a tract of 115.4 acres ... in DB 173 P
594, ...
248 / 495
12/15/1940
Y
... all that certain lot or parcel of land ... containing 8/10ths of an
0.80
acre, more particularly described as Lot No. 2 on a survey and plat
...to be recorded with this deed ...This land is in all respects a
portion of a larger tract of 115.4 acres ... in DB 173 P 594.
October 26, 2021
LOD-2021-00012
Page 2 of 9
249 / 346
12/16/1940
N
... all that certain lot or parcel of land ... containing 1.54 acres and
1.54
known and designated as Lot No. 2 on a plat ... in DB 245 P 329.
This property is a portion of a 3.8 acres tract which was conveyed
... in DB 174 P 150.
2561531
02/12/1943
Y
... all that certain lot or parcel of land ... containing 19/100ths
(nineteen hundredths) of an acre, more particularty described as
0.19
Lot No. 1 (one) on a survey and plat ... in DB 248 P 495.
286 / 488
11/16/1949
Y
... all that certain lot or parcel of land ... being the rear portion of a
0.80
tract of land shown on a plat ... in DB 245 P 329.... It is the
-
intention of this deed to convey the rear 100 feet of said lot with
Approx.
a depth across the back of 168 8110 feet as shown on said plat.
0.38
The acreage of the lot is never noted, so by
0.42
calculation, the parcel would contain approximately
0.38 acres.
306 / 176
04/17/1953
N
All that certain lot or parcel of land ...being the rear portion of a
Approx.
tract of land shown on plat ... in DB 245 P 329. The whole of said
0.38
lot, of which this is a portion, is shown on said plat ...and it is the
intention of this deed to convey the rear 100 feet of said lot with a
depth across the back of 168-8/10 feet, as shown on said plat...
The acreage of the lot is never noted, so by
calculation, the parcel would contain approximately
0.38 acres.
306 / 178
07/17/1953
N
...all of the lot shown on a plat ...in DB 245 P 329 ...except the
rear 100 feet which was conveyed ... in DB 286 P 488, being a
Approx.
portion of the property conveyed ... in DB 305 P 476.
0.42
The acreage of the lot is never noted, so by
calculation, the parcel would contain approximately
0.42 acres. 0.80 - 0.38 = 0.42
312 / 221
08/06/1954
Y
The deed describes the conveyance of .2 acres
recorded with a plat on Page 222, showing Lot A as
5.1
5.1 acres.
316 / 7
04/15/1955
N
...all that certain lot or parcel of land ...containing 5.1 acres, more
5.1
or less, and more particularly described as Lot A on plat ... in DB
312 P 222, and being a portion of the property which was
conveyed ... in DB 288 P 580, ...
583 / 508
10/25/1975
N
DEED OF TRUST describing the following
...the following described property, to wit:
All those parcels of land situated in Albemarle County, Virginia at
Cismont, as follows:
(1) All that certain tract or parcel of land containing 5.1 acres,
PARCEL 1
more or less, and more particularly described as Lot A on
5.1
a plat ... in DB 312 P 222 and being in all respects the
same property conveyed ... in DB 316 P 7.
(2) All that certain tract or parcel of land containing 3/4ths of
PARCEL 2
an acre shown on a plat of record ... in DB 245 P 329,
0.75
...being the same property conveyed ...in DB 186 P 44.
(Actually
0.36)
(3) All that certain tract or parcel of land containing 13/100ths
PARCEL 2
of an acre designated as Lot 1 on a plat of record ...in DB
0.13
245 P 329, ...being the same property conveyed ... in DB
245 P 327.
October 26, 2021
LOD-2021-00012
Page 3 of 9
(4) All that certain lot or parcel of land containing 1-54/100ths
PARCEL 4
of an acre designated as Lot 2 on a plat of record ... in DB
1.54
245 P 329, ...being the same property conveyed ... in DB
249 P 346.
(5) All that certain tract or parcel of land containing 35/100ths
PARCEL 5
of an acre shown on a plat of record ... in DB 245 P 554,
0.35
... being the same property conveyed ... in DB 245 P 553.
(6) All that certain lot or parcel of land containing 8/10ths of
PARCEL 6
an acre designated as Lot No. 2 on a plat of record ...in
0.80
DB 248 P 496, ...being the same property conveyed ... in
DB 248 P 495.
(7) All that certain lot or parcel of land ... being the rear
portion of a tract of land shown on a plat in DB 245 P 329,
PARCEL 7
being the rear 100 feet of the tract marked "Mamie W.
Approx.
Pettus Home Tract' as shown on said plat and being the
0.38
same property in all respects conveyed ...in DB 306 P
176.
(8) All that certain lot or parcel of land ...and being all of the
PARCEL 8
lot shown on a plat ... in DB 245 P 239, marked "Mamie
Approx.
W. Pettus Home Tract' except the rear 100 feet described
0.42
under (7) above, being the same property in all respects
conveyed ...in DB 306 P 178.
704 / 540
11/01/1980
Y
DEED OF TRUST describing the following
...The aggregate of those certain nine tracts or parcels of land
described in items (1) through (9) below less and except that
certain 2.00 acre parcel or tract of land described in item (10)
below:
PARCEL 1
(1) All that certain tract or parcel of land containing 5.1 acres,
5.1
more or less, and more particularly described as Lot A on
(Approx.
a plat ... in DB 312 P 222 and being in all respects the
4.36 after
same property conveyed ... in DB 316 P 7.
lac
division)
(2) All that certain tract or parcel of land containing 3/4ths of
PARCEL 2
an acre shown on a plat of record ... in DB 245 P 329,
0.75
... being the same property conveyed ... in DB 186 P 44.
(Actually
0.36)
(3) All that certain tract or parcel of land containing 13/100ths
PARCEL 3
of an acre designated as Lot 1 on a plat of record ...in DB
0.13
245 P 329, ...being the same property conveyed ... in DB
245 P 327.
(4) All that certain lot or parcel of land containing 54/100ths of
PARCEL 4
an acre designated as Lot 2 on a plat of record ...in DB
1.54
245 P 329, ...being the same property conveyed ... in DB
(Approx.
249 P 346.
0.28 after
The plat shows 1.54 acres, not 0.54 acres. The
2-ac
description is believed to be an error, with the
division)
plat being correct.
(5) All that certain tract or parcel of land containing 35/100ths
PARCEL 5
of an acre shown on a plat of record ... in DB 245 P 554,
0.35
... being the same property conveyed ... in DB 245 P 553.
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LOD-2021-00012
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(6) All that certain lot or parcel of land containing 8/10ths of
PARCEL 6
an acre designated as Lot No. 2 on a plat of record ...in
0.80
DB 248 P 496, ...being the same property conveyed ... in
DB 248 P 495.
(7) All that certain lot or parcel of land ... being the rear
PARCEL 7
portion of a tract of land shown on a plat in DB 245 P 329,
Approx.
being the rear 100 feet of the tract marked "Mamie W.
.38
Pettus Home Tract" as shown on said plat and being the
same property in all respects conveyed ... in DB 306 P
176.
(8) All that certain lot or parcel of land ...and being all of the
PARCEL 8
lot shown on a plat ... in DB 245 P 239, marked "Mamie
Approx.
W. Pettus Home Tract' except the rear 100 feet described
.42
under (7) above, being the same property in all respects
conveyed ...in DB 306 P 178.
(9) All that certain lot or parcel of land ...containing 19/100ths
PARCEL 9
of an acre, and more particularly described as Lot No. 1
0.19
on a survey and plat ... in DB 248 P 495, and being the
same property conveyed ... in DB 256 P 531.
(10) Less and except that certain parcel containing 2.00 acres
2.00
... and described as follows:
Beginning... This property is shown on a plat of survey
dated October 17, 1980 ...entitled "A 2.0 ac. Portion of the
Donald G. Stevens Est." which plat is to be recorded with
a deed subsequent to the recording of this deed of trust.
After December 10, 1980
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
707 / 630
12/31/1980
Y
...all that certain 2.00 acre parcel of land ...as
PARCEL 10
1
shown on a plat of survey ...which plat is
2.00
attached to and made part of this deed.
The plat for this 2acre parcel was signed
11113180, for recordation, by County staff
before 12110180. The plat was not recorded
until 12/3111980. No DRs were assigned.
As the plat was recorded after 12/10180, the
2acre parcel is considered a parcel of
record with 1 DR. At the time it was created
the 2-acre parcel consisted of portions of
two parcels of record approximately .74ac
and 1.26ac. See below for further
explanation.
At the time of the plat creation, the 2-acre
parcel consisted of portions of two
separate TAX PARCELS (Parcel 31B and
Parcel 35). Parcel 31 B is a separate parcel
of record of approximately 6.1 acres.
Parcel 35 consisted of multiple parcels of
record. One of those parcels that is part of
this 2-acre parcel was 1.54 acres. After the
division the remaining portion of Parcel 31B
is about 4.36 acres. The remaining portion
October 26, 2021
LOD-2021-00012
Page 5 of 9
of the 1.54-acre parcel is about 0.28 acres.
Both pieces are noted on the attached map.
At the time of the division of the 2-acre
parcel, it was not made clear that the 1.54-
acre parcel existed as a separate parcel of
record. The approximate 0.28-acre residue
of the 1.54-acre parcel will be recognized as
a separate parcel with 1 DR.
859 / 79
11/01/1985
N
DEED OF TRUST describing the following
...The aggregate of those certain nine tracts or
parcels of land described in items (1) through
(9) below less and except that certain 2.00
acre parcel or tract of land described in item
(10) below:
(1) All that certain tract or parcel of land
containing 5.1 acres, more or less, and
PARCEL 1
2
more particulady described as Lot A on
5.1
a plat ... in DB 312 P 222 and being in
(Approx.
all respects the same property
4.36 after 2-
conveyed ... in DB 316 P 7.
ac division)
(2) All that certain tract or parcel of land
PARCEL 2
1
containing 3/4ths of an acre shown on
0.75
a plat of record ... in DB 245 P 329,
(Actually
...being the same property conveyed
0.36)
... in DB 186 P 44.
(3) All that certain tract or parcel of land
PARCEL 3
1
containing 13/100ths of an acre
0.13
designated as Lot 1 on a plat of record
...in DB 245 P 329, ...being the same
property conveyed ...in DB 245 P 327.
(4) All that certain lot or parcel of land
PARCEL 4
1
containing 54/100ths of an acre
1.54
designated as Lot 2 on a plat of record
(Approx.
...in DB 245 P 329, ...being the same
0.28 after 2-
property conveyed ...in DB 249 P 346.
ac division)
The plat shows 1.54 acres, not 0.54
acres. The description is believed
to be an error, with the plat being
correct.
(5) All that certain tract or parcel of land
PARCEL 5
1
containing 35/100ths of an acre shown
0.35
on a plat of record ... in DB 245 P 554,
...being the same property conveyed
...in DB 245 P 553.
(6) All that certain lot or parcel of land
PARCEL 6
1
containing 8/10ths of an acre
0.80
designated as Lot No. 2 on a plat of
record ...in DB 248 P 496, ...being the
same property conveyed ...in DB 248
P 495.
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LOD-2021-00012
Page 6 of 9
(7) All that certain lot or parcel of land ...
PARCEL 7
1
being the rear portion of a tract of land
Approx.
shown on a plat in DB 245 P 329,
.38
being the rear 100 feet of the tract
marked "Mamie W. Pettus Home
Tract' as shown on said plat and being
the same property in all respects
conveyed ...in DB 306 P 176.
PARCEL8
1
(8) All that certain lot or parcel of land
Approx.
...and being all of the lot shown on a
.42
plat ... in DB 245 P 239, marked
"Mamie W. Pettus Home Tract" except
the rear 100 feet described under (7)
above, being the same property in all
respects conveyed ...in DB 306 P 178.
PARCELS
1
(9) All that certain lot or parcel of land
0.19
...containing 19/100ths of an acre, and
more particularly described as Lot No.
1 on a survey and plat ...in DB 248 P
495, and being the same property
conveyed ... in DB 256 P 531.
PARCEL10
1
(10) Less and except that certain parcel
2.00
containing 2.00 acres ... more fully
described in DB 704 P 541
This property is the same with the exception of
the 2.00 acres tract or parcel of land described
in item (10) above that was conveyed ... in DB
583 at pages 508 and 515 respectively.
958 / 542
08/24/1987
N
...in and to all of the aggregate of those nine
PARCEL 1
2
parcels of land which were conveyed
Approx. 4.36
...described in a Deed of Trust ...in DB 859
P79
PARCEL 2
0.36
1
PARCEL3
0.13
1
PARCEL4
Approx.
1
0.28
PARCELS
0.35
1
PARCEL6
0.80
1
PARCEL7
Approx.
1
.38
PARCEL8
Approx.
1
.42
PARCEL9
0.19
1
October 26, 2021
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958 / 545
08/28/1987
N
DEED OF TRUST
...All that certain tract or parcel of land
PARCEL 1
2
...containing 7.4511 acres ...shown on a plat
Approx.
...attached hereto and made part hereof, and
4.36
being the same land ... recorded immediately
prior hereto.
PARCEL 2
1
0.36
PARCEL 3
1
0.13
PARCEL4
1
Approx.
0.28
PARCEL 5
1
0.35
PARCEL6
1
0.80
PARCEL 7
1
Approx.
.38
PARCEL 8
1
Approx.
.42
PARCEL 9
1
0.19
3410 / 331
03/09/2007
N
QUITCLAIM DEED describing the following
PARCEL 1
2
Approx. 4.36
...all that certain lot or parcel of land
...containing 7.451 acres, more or less, and
PARCEL 2
1
described on Albemarle County Tax Map
0.36
Sheet 65 as parcel 31 B.
PARCEL 3
1
0.13
PARCEL 4
1
Approx.
0.28
PARCEL 5
1
0.35
PARCEL 6
1
0.80
PARCEL 7
1
Approx.
.38
PARCEL 8
1
Approx.
.42
PARCEL 9
1
0.19
October 26, 2021
LOD-2021-00012
Page 8 of 9
5090 / 101
08/15/2018
N
All that certain lot or parcel of land ...containing
PARCEL 1
2
7.451 acres, more or less, and described on
Approx. 4.36
Albemarle County Tax Map Sheet 65 as parcel
31 B.
PARCEL 2
1
0.36
BEING THE SAME PROPERTY conveyed... in
DB 3410 P 311.
PARCEL 3
1
0.13
PARCEL 4
1
Approx.
0.28
PARCEL 5
1
0.35
PARCEL 6
1
0.80
PARCEL 7
1
Approx.
.38
PARCEL 8
1
Approx.
.42
PARCEL 9
1
0.19
5140 / 465
02/12/2019
N
...All that certain lot or parcel of land
PARCEL 1
2
...containing 7.4511 acres, as shown on a
Approx. 4.36
plat... in DB 958 P 549.
PARCEL2
1
The deed describes all of the
0.36
portions that the property is made
of and the owners, with the last
pgRCEL 3
1
deed being DB 5090 P 101.
0.13
PARCEL 4
1
Approx.
0.28
PARCEL 5
1
0.35
PARCEL 6
1
0.80
PARCEL 7
1
Approx.
.38
PARCEL 8
1
Approx.
.42
PARCEL 9
1
0.19
October 26, 2021
LOD-2021-00012
Page 9 of 9
Based on these deeds;
Parcel ID 06500-00-00-031BO is determined to be nine (9) parcels of record comprised of
PARCEL 1 — approximately 4.36 acres''-, containing two (2) development rights,
PARCEL 2 — approximately 0.36 acres''-, containing one (1) development right,
PARCEL 3 — approximately 0.13 acres''-, containing one (1) development right,
PARCEL 4 — approximately 0.28 acres''-, containing one (1) development right,
PARCEL 5 — approximately 0.35 acres''-, containing one (1) development right,
PARCEL 6 — approximately 0.80 acres''-, containing one (1) development right,
PARCEL 7 — approximately 0.38 acres''-, containing one (1) development right,
PARCEL 8 — approximately 0.42 acres''-, containing one (1) development right, and
PARCEL 9 — approximately 0.19 acres''-, containing one (1) development right.
NONCONFORMING LOTS AND STRUCTURES
PARCELS 2-9 referenced above are considered nonconforming lots as they do not conform to
the 2-acre minimum for lots zoned Rural Areas, RA. There are also multiple nonconforming
structures. Restrictions apply to both nonconforming lots and structures per Section 6.0 of
Chapter 18 of the Albemarle County Code.
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
containing 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 $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 filing 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,
,g
Francis H. MacCall
Chief of Zoning, Deputy Zoning Administrator
Attachment: Copy of map delineating parcel(s) of record and development rights.