HomeMy WebLinkAboutLOD201400008 Letter of Determination 2014-08-19COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 19, 2014
Roger W. Ray
Roger W. Ray and Assoc., Inc.
1717-1 B Allied Street
Charlottesville, VA 22903
RE: LOD2014-00008 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS - Tax Map 57, Parcel 3 (Property of CHARLES E SHIFLETT)
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 57, Parcel 3
is comprised of two (2) parcels of record, one being approximately 1.17 acres"- in size, with one
(1) theoretical development right and the other being approximately 2.34 acres"- in size, with
one (1) theoretical development right. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Tax Map 57 Parcel 3 contains
3.48 acres and two (2) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Tax Map 57 Parcel 3, recorded prior to December 10, 1980, the date
of adoption of the Zoning Ordinance, is recorded in Deed Book 221, page 213 dated November
23, 1933 and Deed Book 257, page 32 dated April 19, 1943.
PRIOR TO DECEMBER 10, 1980
TMP 57-3 — (95'X538' & 190'X538')
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
221 /213
11/23/1933
Y
All of that certain tract or parcel of land, Beginning at the
95'x 538'
intersection of the south line of Jim Woodson tract and
=
the west margin of the Mechums River -White Hall Road;
51,110sgft
thence along west margin of said road in a southerly
direction for 95 feet to an iron stake; thence in a westerly
or
direction, paralleling the Jim Woodson line about 538 feet
to an iron stake in the J.D. Maupin orchard fence; thence
1.17 acres
in a northerly direction 95 feet to the Jim Woodson line;
thence with his line in an easterly direction about 538 feet
to the beginning and being a rectangular shaped lot
whose short sides are 95 feet and whose long sides are
about 538 feet...
August 19, 2014
LOD-2014-00008
Page 2 of 3
257/32
04/19/1943
Y
All of that certain tract or parcel of land, fronting 190 feet
190'x 538'
Development
Rights
776/645
08/29/1983
on the west side of the road leading from the Mechums
=
River to White Hall and adjoining the lot conveyed in DB
102,220sgft
that certain tract or parcel of land BEGINNING
221 P 213. The lot herein conveyed has a frontage of
at the intersection of the south line of Jim
Approx
190 feet and runs back in a westerly direction between
or
Woodson tract and the west margin of the
parallel lines about 538 feet to the rear line extended of
1
the lot owned by Charles & Virginia Roston.
2.34 acres
AFTER DECEMBER 10, 1980
TMP 57-3 (1.17ac and 2.34ac)
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
776/645
08/29/1983
N
The following described property, FIRST: All of
that certain tract or parcel of land BEGINNING
at the intersection of the south line of Jim
Approx
Woodson tract and the west margin of the
1.17
1
Mechums River -White Hall Road; thence along
west margin of said road in a southerly direction
for 95 feet to an iron stake; thence in a westerly
direction, paralleling the Jim Woodson line
about 538 feet to an iron stake in the J.D.
Maupin orchard fence; thence in a northerly
direction 95 feet to the Jim Woodson line;
thence with his line in an easterly direction
about 538 feet to the BEGINNING.
SECOND: All of that certain tract or parcel of
land, fronting 190 feet on the west side of the
road leading from the Mechums River to White
Approx
1
Hall and adjoining the lot conveyed in DB 221 P
2.34
213. Said lot has a frontage of 190 feet and
runs back in a westerly direction between
parallel lines about 538 feet to the rear line
extended of the aforesaid lot.
On the basis of these deeds
As of December 10, 1980, Tax Map 57, Parcel 3 is determined to be two (2) parcels of
record,
One comprised of approximately 1.17 acres" -,containing 1 development right; and
One comprised of approximately 2.34 acres+i containing 1 development right.
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.
August 19, 2014
LOD-2014-00008
Page 3 of 3
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.orq/cdapps.)
If you have any questions, please contact me.
Since
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 57-3
CHARLES E SHIFLETT
PO BOX 273
CROZET VA, 22932
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources August 14, 2014
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