HomeMy WebLinkAboutLOD201300020 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
January 30, 2014
Roger W. Ray, LS
Roger W. Ray & Assoc., Inc.
1717-1 B Allied Street
Charlottesville, VA 22903
RE: LOD201300020 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS - Tax Map 58, Parcel 41A, (Property of AB HOLDINGS OF
CHARLOTTESVILLE LLC) Scottsville 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 Tax Map 58, Parcel
41A is comprised of two (2) parcels of record each with one (1) theoretical development right.
The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Tax Map 58 Parcel 41A
contains 3.4 acres and one (1) dwelling. The property is zoned RA, Rural Area.
The most recent deed for Tax Map 58 Parcel 41A, recorded prior to December 10, 1980 (the
date of adoption of the Zoning Ordinance), is recorded in Deed Book 440, page 193 and is
dated February 21, 1968.
The tables below summarize the information contained in the recorded deeds prior to and
following the adoption of the Zoning Ordinance.
PRIOR TO DECEMBER 10, 1980
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
287/374
02/04/1950
Y
All that certain tract or parcel of land containing 3
3 and 4/10
[and] 4/10 acres and designated as Lots Nos. 1 and
2 on a plat made by Hugh F. Sims, S.A.C., dated
Lot #1 = 2
January 28, 1950, attached hereto and to be
recorded herewith as a part of this deed; and being
Lot #2 = 1 and 4/10
in all respects aaportion of the property which was
conveyed in DB 126 P 412.
440/193
02/21/1968
N
All that certain tract or parcel of land containing 3.4
acres, more or less, and designated as Lot Nos. 1
3.4
and 2, on a plat made by Hugh F. Sims, S.A.C.,
dated January 28, 1950, and attached to and
recorded with DB 287 P 374.
January 30, 2014
LOD201300020
Page 2 of 2
AFTER DECEMBER 10, 1980
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
4413/281
09/04/2013
N
Parcel 5: All those certain lots or parcels of
3.4
land containing 2 acres and 1.4 acres, more or
less, and shown as Lots 1 and 2, respectively
Lot #1 = 2
1
on a plat by Hugh F. Sims & Son, C.L.S.'s,
dated January 28, 1950. 1
Lot #2 = 1.4 1
1
On the basis of these deeds:
Tax Map 58, Parcel 41A is determined to be two parcels of record, one containing
2 acres (+/-), and one containing 1.4 acres (+/-).
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 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.
Please contact me if you have any questions.
Sincerely,
Francis H. MacCall
Principal Planner
Copy: Shelia Moore, Real Estate
Ella Jordan, Clerk of the Board of Supervisors
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 6, 2014
Approximate Locations of Lot 1
(Red) and Lot 2 (Green)
58'460.
Legend
(Note: Some items
on map may not appear in legend)
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Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 6, 2014