HomeMy WebLinkAboutLOD200000005 Letter of DeterminationV�RG1Td�?'
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4012
February 28, 2001
Riley V. or Martha D. Carroll, Jr.
4742 Green Creek Road
Schuyler, VA 22969
RE: Tax Map 118, Parcel 30B
Dear Mr. & Mrs. Carroll:
Pursuant to Sections 14-103 B & C of the Albemarle County Subdivision Ordinance it has come
to the attention of this Department that Tax Map 118, Parcel 30B, currently owned by you, was
created in violation of the Subdivision Ordinance.
Section 14-103 • Acts prohibited without complying with chapter states that: "Unless this chapter
and Article 6, Chapter 22 of Title 15.2 of the Code of Virginia are complied with... a plat shall
not be recorded unless and until it has been signed by the agent..." and "a person shall not sell or
transfer any land of a division of land to which this chapter applies before a plat has been duly
approved and recorded as provided in this chapter, unless the division was lawfully created prior
to the adoption of a subdivision ordinance applicable thereto. However, the prohibited act stated
in this paragraph does not prevent the recordation of the instrument by which the land is
transferred or the passage of title as between the parties to the instrument." (See also former
Albemarle County Code § 18-41 (8/28/74)).
In researching the development potential for the owner of Tax Map 118, Parcel 30, staff
discovered that on January 31, 1980, at Deed Book 689, Pages 48, 49, 50, & 51, a 9.383 acre
parcel, now known as Tax Map 118, Parcel 30B, was recorded, without signature of the agent,
and added to land now known as Tax Map 118, Parcel 30. On April 10, 1981 at Deed Book 715,
Page 355, this same 9.383 -acre tract was conveyed from John J. & Miriam Arbaugh to Riley V.
& Martha Carroll, Jr., also without an agent approved plat.
The most appropriate solution to address this violation is to submit a plat and subdivision request
to the County of Albemarle Planning Department in order to legally create the 9.383 -acre tract.
us. You have 30 days to remedy this situation in order to avoid further action.
Be aware that pursuant to Section 14-204C of the Subdivision Ordinance "no permit shall be
issued by any administrative officer of the County for the construction of any building, structure
or improvements..." By copy of this letter the appropriate administrative officers have been
notified of this situation.
Please contact Yadira Amarante, County of Albemarle Planning & Community Development at
(804) 296-5823 ext. 3297 to resolve this matter.
Sincerely,
V. Wayne imberg
Director
Cc: Maryjane Smith; 4926 Appleberry Lane; Schuyler, VA 22969
Amelia McCulley - Building Code and Zoning Services
John Grady - Building Code and Zoning Services
Jay Schlothauer - Building Code and Zoning Services
Bill Fritz - Development Review Manager
Greg Kamptner - County Attorney