HomeMy WebLinkAboutLOD202200017 Letter of Determination 2023-02-01�.i OF AL8
County of Albemarle
m COMMUNITY DEVELOPMENT DEPARTMENT
February 1, 2023
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: LOD2022-00017 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 08400-00-00-02500 (Property of ELLIS T FOX & SONS
1686 FOX DRIVE AFTON VA, 22920) Samuel Miller Magisterial District
Dear Mr. 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 08400-00-00-02500 consists of two (2) parcels of record: 1) an approximately 25-acre
parcel with five (5) theoretical development rights, 2) an approximately 40-acre parcel with five (5)
theoretical development rights. The basis for this determination follows.
Albemarle County Real Estate Assessment records indicate that Parcel ID 08400-00-00-02500 is
65.00 acres with one dwelling. The property is zoned Rural Areas (RA).
The most recent deeds for Parcel ID 08400-00-00-02500, recorded before the December 10,
1980 adoption of the Zoning Ordinance, are found in Deed Book 196, page 10, dated January 1,
1927 and Deed Book 204, page 473 dated April 20, 1929.
Before December 10, 1980
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
...all that certain tract or parcel of land..., containing forty
196 / 010
01/01/1927
Y
(40) acres, more or less, and being that portion of said tract
40
of land containing one hundred and forty-five (145) acres...
inDB174P169.
...all that certain tract or parcel of land... and more
particularly described as follows, to -wit:
204/473
04/20/1929
Y
Beginning at a point in the center of Dollins Road..., being
25
the edge of the orchard about 400 feet to the center of the
Dollins road, being the beginning point containing 25 acres
more or less.
After December 10, 1980
Deed
Book/Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
No. 1:... a tract of land, ...consisting of 65
766 / 617
06/23/1983
N
acres, more or less, having been conveyed
25
5
to Clarence H. Fox by two deed; one
conveying 25 acres... in DB 204 P 473 and
40
5
the other containing 40 acres, having been
conveyed... in DB 196 P 10.
...all that certain tract or parcel of land...
containing 65 acres, more or less, being
the same property described as Parcel No.
1 herein and being further described as
Parcel 25 on Tax Map 84...
February 1, 2023
LOD-2022-00017
Page 2 of 2
Based on these deeds
Parcel ID 08400-00-00-02500 is determined to be two (2) parcels of record, comprised of:
1. A parcel of approximately 25 acres'-, containing five (5) development rights, and
2. A parcel of approximately 40.00 acres''-, containing five (5) development rights.
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 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 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,
Francis H. MacCall
Chief of Zoning, Deputy Zoning Administrator
Attachment — Map showing approximate location of the two parcels including development rights
LOD2022-00023 TMP 84-25 FOX
8 4-27 H
Legend
(Note: Some dims on map may not appear In legend)
84-27A
Parcel Info
84-27
❑Parcels
84-11 B
el 84-25
F0*IDcJ
\ 84-24
84-43
84-24A
0
V
400 ft
e
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