HomeMy WebLinkAboutLOD201400020 Legacy Document 2015-01-07COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 7, 2015
Mrs. Laura D. Dollard
185 Broomfield Lane
Scottsville, VA 24590
RE: LOD2014-00020 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS - Tax Map 122, Parcel 17 and Parcel 17C, "Broomfield Farm"
(Property of Laura D. Dollard) - Scottsville Magisterial District .
Dear Mrs. Dollard:
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 122, Parcel
17 is comprised of two (2) parcels of record with a total of eight (8) theoretical development
rights and Tax Map 122, Parcel 17C is comprised of one (1) parcel of record with one (1)
theoretical development right. The basis for this determination follows.
Our records indicate Tax Map 122 Parcel 17 contains 159.84 acres and one (1) dwelling and
Tax Map 122 Parcel 17C contains 6.25 acres and one (1) dwelling. The properties are zoned
RA, Rural Areas.
PRIOR TO DECEMBER 10, 1980 (TMP 122-17)
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
129/210
08/24/1904
N
"...a certain tract of land, which is part of the Broomfield,
155.00
155.00
5
Estate, containing one hundred fifty five acres... more or
shown on a plat recorded in the
less..." This deed includes a plat of the original tract that
Clerk's office in Deed Book 129, page,
became TMP 122, Parcel 17. This deed established
211." This was the same plat as
TMP122, Parcel 17 as a parcel of record having five (5)
theoretical development rights.
AFTER DECEMBER 10, 1980 (TMP 122-17& 17C)
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
Per deeds and/or plats
Development
Rights
747/702
09/1/1982
N
"Tract No. 2: A tract of 155 acres as
155.00
5
shown on a plat recorded in the
Clerk's office in Deed Book 129, page,
211." This was the same plat as
indicated above in Deed Book 129,
page 210. This deed had no effect
on the development rights.
January 7, 2015
LOD-2014-00020
Page 2 of 3
994/702
05/25/1988
Y
"T. M. 122-17.., being a 155 acre tract
106.54
5
described on a plat recorded in
... Deed Book 129, page 211, less and
except the real property described in
Exhibit B and Exhibit C." These
Exhibits describe two 21 acre+ parcel
that were subdivided off of TMP 122-
17 without conveying any theoretical
development rights. This deed had
no effect on the development
rights.
2777/586
06/18/2004
Y
Plat showing a "Division of Parcel 17
106.54(122-17)
5
as shown on Tax Map 122". This plat
+60.30(122-15)
+4
=166.084(122-17)
created "Lot A" a 5.50 acre parcel that
=9
became TMP122-17C. This deed
-5.50(122-17C)
-1
established TMP122-17C as a
=8
=160.584
parcel of record with one (1)
development right. This deed also
showed TMP122-17 as being the
residue with four (4) theoretical
development rights and the residue
of TMP122-15 with four (4)
theoretical development rights for
a total of eight (8) theoretical
development rights
2952/233
04/04/2005
Y
Plat showing "Revised parcels 17 &
6.246
1
17C as shown on Tax Map 122"
adding .746 acres from TMP122-17 to
TMP122-17C. This deed had no
effect on the development rights of
either parcel.
On the basis of these deeds and the letter of official determination of parcels and
development rights, Tax Map 122, Parcel 17 is determined to be a 159.84 acre parcel that
contains the residue of TMP122-17 and TMP122-15 each portions having four (4)
theoretical development rights for a total of eight (8) development rights. Tax Map 122,
Parcel 17C is determined to be a 6.25 acre parcel containing one (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.
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.
January 7, 2015
LOD-2014-00020
Page 3 of 3
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.)
If you have any questions, please contact me.
Sincerely,
Ronald L. Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Copy: Ella Jordan, Clerk of the Board of Supervisors
Ches Goodall, ACE Program Coordinator
TM -P Acreage Division rights for 21 acre minimum parcels Development rights
122-17 159.84 6 8
122-17C 6.25 0 1