HomeMy WebLinkAboutLOD201000010 Letter of Determination 2014-02-26COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 3, 2011
Mr. Andy McGinty
610 Preston Avenue
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 90,
Parcels 19 & 20 (Property of Charlottesville Realty Corporation) Scottsville
Magisterial District.
Dear Mr. McGinty:
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
Tax Map 90, Parcels 19 & 20 are three parcels of record and have theoretical
development rights as outlined in the following table. The basis for this determination
follows the table.
Tax Map -Parcel
Acreage
Development Rights
Tax Map 90 — Parcel 19A
12.100 Acres
5
Tax Map 90 — Parcel 19B
2.500 Acres
1
Tax Map 90 — Parcel 20
4.906 Acres
2
TOTAL
19.506 Acres
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Our records indicate Tax Map 90, Parcel 19 contains 14.600 acres and no dwellings.
The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 696, page 555.
Our records indicate Tax Map 90, Parcel 20 contains 4.906 acres and one dwelling. The
property is not within an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 696, page 555.
This analysis begins with the deed of record in Deed Book.202, page 463 that is dated
October 27, 1928. The deed conveys two tracts, containing 12 4/10 acres and 2 1/2
acres, from Laura E. Lang and C. V. Lang, her husband, to Giles P. Burke. This deed
includes references to plats by Hugh F. Simms of the 12 4/10 acres, dated April, 1916
and the 2 '/z acres, dated October, 1928. This deed and the two referenced plats
establish the two tracts which now make up Tax Map 90, Parcel 19 as two lots of
record.
Deed Book 245, page 294, dated January 29, 1940, conveyed 6 4/10 acres to Alice R.
Burke, widow of Giles P. Burke, from the Clerk of the Circuit Court of Albemarle County
as a result of payment of taxes and other charges owed. This deed includes a plat by
Hugh F. Simms, S. A. C., dated January, 1940 which shows the 6 4/10 acres on
Scottsville Road that is the same as the present day Parcel 20 on Tax Map 90. This
deed and the referenced plat establishes Tax Map 90, Parcel 20 as a lot of record.
Deed Book 440, page 138, dated January 31, 1968, conveyed three tracts of land
containing 12.4 acres, 2'/z acres and 6.4 acres, respectively, from Alice R. Burke to
Charlottesville Oil Company. These parcel are described as being the same as
conveyed by Deed Book 202, page 463 and Deed Book 245, page 294. This deed had
no affect on the parcels.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980 is found in Deed Book 696, page 555, dated June 2,
1980. This deed conveyed a number of parcels from Charlottesville Oil Co. to
Charlottesville Realty Corporation, including the 12.4 acres, 2'/z acres and 6.4 acres
being the same as were conveyed in Deed Book 440, page 138. Based on this deed,
Tax Map 90, Parcel 19 is determined to be two parcels of record of 12.4 acres with
five (5) theoretical development rights and 2'/Z acres with one (1) theoretical
development right, respectively. Also based on this deed, Tax Map 90, Parcel 20
is determined to be a parcel of record of 6.4 acres with three (3) theoretical
development rights.
A Certificate of Take, dated March 13, 1991, resulted in the acquisition of land along
Route 20 consisting of 1.214 acres that affected the 12.4 acre parcel and the 6.4 acres
parcel, reducing them to 12.1 acres and 4.906 acres respectively. This acquisition did
not affect the theoretical development rights of the 12. 1 acre parcel but did
reduce the theoretical development rights of Tax Map 90, Parcel 20 from three (3)
to two 2 such rights as indicated in the chart above.
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. In addition to the development
right lots, the parcel may create as many smaller parcels containing a minimum of
twenty-one acres as it has land to make.
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in accordance with Section 15.2-2311 of
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of $240.
The date notice of this determination was given is the same as the date of this letter.
2
If you have any questions, please contact me.
Sincere ,
r
onald L. Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
Charlottesville Realty Corporation
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