HomeMy WebLinkAboutLOD202100022 Letter of Determination 2022-02-15�.i OF AL8
County of Albemarle
m COMMUNITY DEVELOPMENT DEPARTMENT
February 15, 2022
Christopher B Kean LS
632 Berkmar Circle
Charlottesville VA 22901
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434- 29 6 - 5 832
WWW.ALBEMARLE.ORG
RE: LOD2021-00022 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 12300-00-00-02600 (Property of LET IT GO LLC)
Scottsville Magisterial District
Dear Mr. Kean:
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 12300-00-00-02600 is one parcel of record with five (5) theoretical development rights.
The basis for this determination follows.
Albemarle County Real Estate Assessment records indicate that Parcel ID 12300-00-00-02600 is
50.18 acres with one dwelling. The property is zoned Rural Areas (RA).
The most recent deed for Parcel ID 12300-00-00-02600, recorded before the December 10, 1980
adoption of the Zoning Ordinance, is found in Deed Book 484, page 452, dated February 13,
1971, with the plat in Deed Book 505, page 374, dated April 20, 1972.
Before December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Book/Page
Y or N
The said parcel of land hereby conveyed is composed of
what was formerly two adjoining tracts of land of forty five
169 / 164
01/14/1919
Y
(45) acres and five and one half (5'/2) acres, respectively,
50.5
... now constitute the one tract of fifty and one half (50 '/_)
acres, more or less, conveyed by this deed.
(1) All that certain tract of land, ...containing fifty and one
206 / 117
07/20/1929
N
half (50'/z) acres more or less, ...being the same tract
50.5
or parcel of land which was conveyed ... in DB 169 P
164....
(1) All that certain tract of land, ...containing fifty and one
218/508
01/17/1933
N
half (50 ''/2) acres more or less, ...being the same tract
50.5
or parcel of land which was conveyed ...in DB 206 P
117....
...all that certain parcel of land ...comprising 1 '/z acres,
290 / 266
07/03/1950
Y
more or less, and being aprt of a 52 '/z acre tract conveyed
1.5
... in DB 218 P 508.
...all that certain piece, lot, parcel or tract of land, in gross
305 / 596
04/15/1953
Y
and not by the acre, believe to contain ten (10) acres ...and
10
is part of the property conveyed ... in DB 218 P 508....
...all that certain tract or parcel of land ...described as
follows: Thirty-nine (39) acres, more or less, ...and being
the same land in all respects as was conveyed to J. A.
316 / 319
05/11/1955
N
Moulton ... in DB 218 P 508, less a one and one-half (1 ''/2)
39
acres conveyance ... in DB 290 P 266, and less ten (10)
acres, more or less conveyed ... in DB 305 P 596, ...BEING
a part of the property received by Innes H. Moulton by will
of J.A. Moulton, ...in WB 38 P 448.
February 15, 2022
LOD-2021-00022
Page 2 of 3
...all that certain tract or parcel of land ...described as
follows: Thirty-nine (39) acres, more or less, ...and being
the same land in all respects as was conveyed ...in DB 218
322 / 403
03/10/1956
N
P 508, less a one and one-half (1 '/) acres conveyance
39
...in DB 290 P 266, and less ten (10) acres, more or less
conveyed ... in DB 305 P 596, ...Being in all respects the
same land conveyed ...in DB 316 P 319
PLAT OF A TRACT OWNED BY THELMA CUNNINGHAM,
D.B. 305, p. 596 ...containing 19.3 acres, more or less.
339 / 329
04/22/1958
Y
This survey of 19.3 acres is "all that certain
piece, lot, parcel or tract of land, in gross and
19.3
not by the acre, believe to contain ten (10)
acres" in DB 305 P 596.
...aII that certain tract or parcel of land containing 50.179
acres, more or less, ...shown and described on a plat
...dated January 21, 1971, hereto attached and made part
of this deed and being the same property devised ...in Will
Book 44 page 395.
The noted plat was recorded in DB 505 P 374.
484 / 452
02/13/1971
Y
The two parcels noted above (1.5ac & 10ac)
50.179
described as a part of the 50.5-acre parcel in DB
218 P 508 may have been part of the parcel but
were both on the east side of Route 618. The
survey recorded with this deed (4841452)
establishes the 50.179 acres as the parcel of
record.
505/374
04/20/1972
Y
I hereby certify that the plat hereto attached is the plat
referred to in Deed of Conveyance to me from Henry R.
50.179
Kanarek, et al, dated March 5, 1971. (The referenced
deed is DB 484 P 452.
After December 10, 1980
Deed
Date
Parcel Change
Description
Acres
Development
Book/Page
Y or N
Rights
1400 / 709
10/15/1997
N
PARCEL II. All that certain tract or parcel of
land containing 50.179 acres, more or less,
50.179
5
...and shown and described on a plat ...in
DB 505 P 374.
1648 / 189
10/15/1997
N
PARCEL II. All that certain tract or parcel of
land containing 50.179 acres, more or less,
... and shown and described on a plat ... in
50.179
5
DB 505 P 374.
IT BEING the same property conveyed ... in
DB 1400 P 409.
3212 / 656
04/20/2006
N
PARCEL II. All that certain tract or parcel of
land containing 50.179acres, more or less,
as shown and described on a plat ...in DB
50.179
5
505 P 374.
BEING the same property conveyed ...in
DB 1648 P 189.
Based on these deeds:
Parcel ID 12300-00-00-02600 is determined to be one (1) parcel of record, comprised of
approximately 50.179 acres'-, containing five (5) development rights.
February 15, 2022
LOD-2021-00022
Page 3 of 3
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 represent the maximum number of lots
containing less than twenty-one acres allowed to be created by right.
You may have a right to appeal this determination within thirty (30) days of this notice, in
accordance with Virginia Code § 15.2-2311. This determination shall be final and unappealable if
not appealed within 30 days.
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 $295.36. This fee includes the $284 application fee and the 4% Technology surcharge of
$11.36. Additionally, a separate fee of $448 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,
Francis H. MacCall
Chief of Zoning, Deputy Zoning Administrator
Attachment: Map showing Development rights