HomeMy WebLinkAboutLZC201000010 Legacy Document 2014-03-31�'fRGIN1P
COUNTY Or ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
July 22, 2010
Virginia S Shifflett
3647 Richmond Road
Keswick VA, 22947
RE: Tax Map 46, Parcel 32D; 2681 Proffitt Rd
Dear Mrs. Shifflett:
Fax (434) 972-4126
You have asked for an official determination of the nonconforming status of the three dwellings
located on this parcel. It is my official determination that the three dwellings on this parcel are
legal, nonconforming dwellings. This is based on the following information.
Our records indicate this parcel is zoned RA, Rural Areas. The parcel contains .93 acres and
three (3) dwelling units within one structure. The density for the RA district is one (1) dwelling
unit per two (2) acres.
Records in the Real Estate Department indicate this property was assessed on April 22, 1966
and August 4, 1971. Those records indicate that there is a "Main House" of 912 square feet, an
"Apartment in full Base." of 936 square feet, an "Apartment (1St Floor)" of 504 square feet, a
"Base. Garage" of 480 square feet, and a "Sun Porch" of 140 square feet that was under
construction in 1971 and is currently completed. The current assessment information shows no
additions to the dwellings. Therefore, I conclude that the building was constructed and use
commenced prior to the establishment of zoning in 1969.
James and Edith Rice were the owners of the property in 1965'when the structure was
constructed and have been owners in some form of this property up to August 11, 2005 when
the property was put into the Edith Rice Life Estate.
A letter from John A. Dezio, Attorney, signed by Edith A. Rice life tenant, and Virginia S. Shifflett
and Shirley A. Pittman, remaindermen of the Edith Rice Life Estate, states that the structure
"has been rented as three individual units since late 1967 or early 1968." Conversations with
Mrs. Shifflett have confirmed that each unit meets the definition of dwelling unit.
On the basis of the County's real estate records as well as the letter and conversations
described above, I conclude that the "Main House", "Apartment in full Base.", and the
"Apartment (1St Floor)" have been used as dwellings since they were built in 1966. Therefore,
the dwelling units meet the criteria fora finding of-legal-nonconformity.—Any-changes-to-the -
property boundary or to the dwellings must be in accord with Section 6, Nonconformities of the
zoning ordinance. A copy of that section is enclosed.
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 $120. The date notice of this determination
was given is the same as the date of this letter.
Sincerely,
Francis H. MacCall
Senior Planner
Enclosed: Section 6, Nonconformities
Copy: Reading File TMP46-32D
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