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Home My WebLink AboutLOD202100023 Application 2021-12-20FOR OFFICE USE �ONLY II'']]II��pp�� LOD # Fee Amount sI -V Date Paid Ip1�11By who? Receipt 4 JA Ck#�,AH By:3 Application for Official Letter of Determination ❑ Official Letter of Determination of Parcel of Record and/or Development Rights = $123.76 Official Letter $119 + Technology Surcharge $4.76 A separate fee is required for each parcel shown on the tax map. (1 parcel is $119 + $4.76 = $123.76, 2 parcels are $238 + $9.52 = $247.52, etc.) 0 0 All other Official Letters of Determinations (including but not limited to Use, Zoning Nonconformity, Parking, Floodplain, Vested Rights, Area & Bulk Regulations, De minimis) 123.76 Official Letter $119 + Technology Surcharge $4.76 ❑Certification that notice of this application has been provided to the property owner if the owner is different from applicant. Project Name: 1962 Two Unit Dwelling Tax map and parcel(s): 8741A Zoning: Rural Area (RA) Contact Person (Who should we call/write concerning this project?): William Tucker Address 307 West Rio Road Daytime Phone 434 973-7474 Fax # �) Owner of Record Robert Christopher Abbott City Charlottesville State Virginia Zip 12gp 1 E-mail Tucker@tgblaw.com Address 12VA AYYIAQoSe Val City (t k"Jt\�e State Virginia Zip 2461 Daytime Phone 434 825-8179 Fax # (� E-mail cswahoo7@gmail.com Applicant (Who is the Contact person representing?): Robert Christopher Abbott Address 22Aryv Rp O5e U.1Q11 city Lk" 64eS; 1State Virginia Zip 22aD( Daytime Phone 434 825-8179 Fax # E-mail cswahoo@gmail.com County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126 Official Letter of Determination Application Revised 7/I/2021 Page 1 of 2 Submittal Requirements Parcel of Record and/or Development Rights ❑ Tax Map Page ❑ Provide evidence showing when the parcel/parcels was/were created. This will include the following; ❑ The last instrument of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980. ❑ Include deeds that provide a plat or metes and bounds description of the property. (Highlight or underline references to the subject property). ❑ All plats and deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). ❑ Cover letter stating the assumed number of parcels and development rights, with explanation of same. ❑ Any other pertinent information. ❑ A fee is required for each separate parcel shown on the tax map. All other Determinations ❑ Cover letter stating what is being requested. Provide all necessary information for the consideration of this decision including ❑ Tax Map Page if request is regarding a specific property. ❑ If the request is regarding a nonconforming use, structure, or lot then you must provide enough probative material evidence to prove the nonconformity. ❑ Provide justification for the request and any other pertinent information. ❑ Fee as noted above. Please refer to the Albemarle County Land Use Law Handbook for more information regarding zoning determinations and nonconformitles. http://www.albemarle.org/LandUseLaw Determination may take up to ninety (90) days from submittal Nignature of uwner Robert Christopher Abbott Print Name Date (434) 825 - 8179 Daytime phone number of Signatory Official Getter of Determination Application Revised 7/l/2021 Page 2 of 2 307 West Rio Road Charlottesville, Virginia 22901 Main Line: 434.973.7474 Website: www.TGBlawxom TucxFxGRIFFINR ,FN Attorneys at Law November 22, 2021 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 Re: Official Letter of Determination — Nonconforming Use — TMP 87-41A Department of Community Development: William D. Tucker Senior Partner Direct Dial: 434.951.0858 Direct Fax: 434.951.0876 Email: Tucker@tgblaw.com Robert Christopher Abbott, the owner of Albemarle County TMP 87-41A, located at 3161 Monacan Trail Road, North Garden, Virginia, 22959, is requesting an Official Letter of Determination regarding nonconforming use and structure, stating that existing building consisting of two -dwelling units, and its continuous use as such, may continue despite its nonconformance to the current zoning regulations because the structure and sue predate the zoning code regulations. Mr. Abbott is the owner of record by Deed dated December 12, 2000, recorded in the Clerk's Office of the Circuit Court of Albemarle County on December 27, 2000, in Deed Book 1979, Page 437 (See Exhibit A). The subject property was originally purchased on January 1, 1959, by Mr. Abbott's grandparent's, Leonard E. Bunch, Sr., and Oleta Bunch, as tenants by entirety with rights of survivorship (see Exhibit B and Q. Upon the death of Leonard E. Bunch, Sr., in 1998, who was predeceased by his wife, the subject property passed to his heirs, his four children: Virginia Earle Peverill Camden, Leonard Elliot Bunch, Jr., Shirley Ann Abbott, and James Edward Bunch. The heirs then conveyed the subject property to Mr. Abbott in December of 2000. Leonard E. Bunch, Sr., and Oleta Bunch built a house on the property in 1962. The house was originally built as a two -unit building, with the intent that the lower unit be used as a rental to a third party and/or a future caregiver. Each of the units have completely independent living, kitchen, and bathroom facilities. Each of the units have separate outdoor entrances with separate parking areas. The two units have been continuously used and maintained as two separate dwelling units. The above statements are attested to by James Edward Bunch and George Smith, the son and nephew of the original owners, Leonard E. Bunch, Sr., and Oleta Bunch, and their affidavits are attached as Exhibit D and E. The Albemarle County Tax Map Page is attached as Exhibit F and shows, among other things, that the house was built in 1961, that there were separate dwelling units, and the main level and basement have the same amount of finished square footage. Attached Exhibits: A - Deed to Robert Christopher Abbott B — Deed to Leonard E. Bunch, Sr., and Oleta Bunch (1/2) C — Deed to Leonard E. Bunch, Sr., and Oleta Bunch (2/2) D — Affidavit of James Edward Bunch WDTIII/mhb E — Affidavit of George Smith F - Albemarle County Tax Map Page for TMP 87-41 A Sincerely, 11.Au William D. Tucker, III Page 2