HomeMy WebLinkAboutLOD199200010 Letter of Determination 1992-09-24COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875 RECEI\ `
SEP 2 5 1992
September 24, 1992
Steven L. Raynor
414 East Market Street, Suite B
Charlottesville, Virginia 22902
RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1
Tax Map 63, Parcels 14, 14H, 14I and 14J, 45B1, 45B2, 45B3,
and 45B4, (originally parcel 14) ; Estate of Charles W. Phillips
Dear Mr. Raynor,
The County Attorney and I have reviewed the chain of title you have
submitted for the above -noted property. It is the County
Attorney's advisory opinion and my official determination, that
this property consisted of two (2) parcels at the date of adoption
of the Zoning Ordinance: one parcel lying on the east side of
Route 621, and the other on the west side. Since the adoption of
the Ordinance, this property has been subdivided.
Each of the two (2) lawfully separate parcels as of 1980,is
entitled to associated development rights. This determination
results in one (1) additional parcel than is shown with a parcel
number on the 1980 County tax maps.
This determination is based on the fact that fee -simple right-of-
way was dedicated to the Commonwealth of Virginia for State Route
621 on March 21, 1973, as recorded. in deed book 526, page 523.
Therefore, on the date of adoption of the Ordinance, this property
was subdivided by the ownership of others. Furthermore, the road
split the property for practical purposes. This determination is
consistent with the findings in the Circuit Court in the case of
Ann Sanford v Albemarle County Board of Zoning Appeals.
A review of the relevant subdivision history is as follows:
1) The property on the west side of -Route 621 was divided in 1988
into four (4) lots. No additional development rights remain.
September 24, 1992
Steven Raynor - D-92-05
Page 2
2) The property on the east side zrighttss
621 was divided in 1988
and again in 1990, into a tota(5) lots, only one of
which is below 21 acres. The of parcel 14J (under 3
acres) required one of the devrights. Therefore, the
remaining four (4) developmentare to be allocated
between parcels 14, 14H and,�14L,1' as shown on the current tax
maps. These are shown on the plat dated revised January 4, 1990
by Robert L. Lum, and consist of 26.876, 21 and 30 acres
respectively. Because there is common ownership between these
three parcels, they may be recombined and redivided with County
approval. Be advised that two (2) development rights are"
necessary to divide or to locate a second dwelling on an
existing 21 acre lot. Only one (1) is necessary when the
acreage is increased to 23.
Anyone aggrieved by this decision may file a written appeal within
thirty (30) days of the date of this letter. If you have any
questions, please feel free to contact me at your convenience.
Sincerely,
Amelia G. McCull y, A.I. .P.
Zoning Administrator
AGM/
cc: '`Jan` '"Sprinkle
Gay Carver
Lettie E. Neher, Clerk to the Board
Reading files
NOTE: One (1) additional parcel from 1980
One (1) by 1980 tax map, two (2) by determination