HomeMy WebLinkAboutLOD201400004 Letter of Determination 2014-05-21�pF AL�
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 21, 2014
Roger W. Ray
Roger W. Ray and Assoc., Inc.
1717-1 B Allied Street
Charlottesville, VA 22903
RE: LOD2014-00004 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS - Tax Map 54, Parcel 26 (Property of THOMAS E RUSCHER
TRUSTEE OF THE BARBARA B RUSCHER FAMILY TRUST) White Hall 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 54, Parcel
26 is comprised of two (2) parcels of record, one being 22.84 acres+'- in size, with five (5)
theoretical development rights and the other being 107.45 acres+'- in size, with five (5)
theoretical development rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Tax Map 54 Parcel 26
contains 130.29 acres and two (2) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Tax Map 54 Parcel 26, recorded prior to December 10, 1980, the
date of adoption of the Zoning Ordinance, is recorded in Deed Book 414, page 328 and is dated
January 3, 1966.
PRIOR TO DECEMBER 10, 1980
TMP 54-26—130.29ac parcel 22.84ac & 107.45ac)
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
414/328
01/03/1966
Y
The following described real estate, namely: Two certain
130.29
tracts or parcels of land, containing in the aggregate
130.29 acres, more particularly designated and described
Parcel "B"
as Parcels "b" and "c" on a plat of Warren F. Wade,
22.84
C.L.S., dated December 22, 1965, hereto made a part
thereof.
Parcel "C"
107.45
May 21, 2014
LOD-2014-00004
Page 2 of 3
AFTER DECEMBER 10, 1980
TMP 54-26 — 22.84ac parcel and 107.45ac parcel
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
3374/153
09/14/2007
N
The Property consists of those two
130.29
certain tracts or parcels of land
consisting of
containing in the aggregate 130.29
Parcels "B" &
acres, more particularly designated
Parcel "C"
and described as Parcels "b" and
"c" on a plat of Warren F. Wade,
22.84
5
C.L.S., dated December 22, 1965,
Parcel "B"
recorded in DB 414 P 328.
107.45
5
Parcel "C"
On the basis of these deeds
As of December 10, 1980, Tax Map 54, Parcel 26 is determined to be two (2) parcels of
record,
One comprised of approximately 22.84 acres+' -(Parcel "B"), containing 5 development
rights; and
One comprised of approximately 107.45 acres+i' (Parcel "C"), containing 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 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 (30) days
of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal,
this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a
fee of $240 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org/cdapps. 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. They may be reviewed online at
www.albemarle.org/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.org/cdapps.)
May 21, 2014
LOD-2014-00004
Page 3 of 3
If you have any questions, please contact me.
Sincerel
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcels of record.
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate
Ella Jordan, Clerk of the Board of Supervisors
Owner:
TMP 54-26
THOMAS E RUSCHER TRUSTEE OF THE BARBARA B RUSCHER FAMILY TRUST
1400 GREENWOOD RD
CROZET VA, 22932
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 13, 2014
TAX MAP 54 PARCEL 26
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www.albemarle.org
(434)296-5532
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 13, 2014