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Home My WebLink AboutLOD201500014 Action Letter 2015-10-28COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 9724126 October 27, 2015 Peter O'Brien 8893 Totier Lake Farm Rd Scottsville VA 24590 RE: LOD2015-00014 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 13000-00-00-00800 (Property of J GILBERT & DOLORES T SOMERS) Scottsville Magisterial District Dear Mr. O'Brien: 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 Parcel ID 13000-00- 00-00800 is comprised of two (2) parcels of record, one with one (1) theoretical development right and one with five (5) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 13000-00-00-00800 contains 89.29 acres and three (3) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 13000-00-00-00800, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 530, page 524 dated May 22, 1973. PRIOR TO DECEMBER 10, 1980 Parcel ID 13000-00-00-00800 — (90.45ac & 20.3ac) Deed Book 1 Pae Date Parcel Change Y or N Description Acres 3191235 09/01/1955 Y ...all those two certain tracts or parcels of land, aggregating 110.75 acres as shown on plat of Carroll Gillispie, C.L.S., S.B.C., dated 819155. According to said plat the above conveyed land consists of a tract of 90.45 acres and a tract of 20.3 acres which are described by metes and bounds as follows ... TRACTS OF 90.45 ACRES:... 90.45 TRACT OF 20.3 ACRES:... 20.3 The land hereby conveyed consists of two separate non - adjoining parcels of land which are connected by a 20 foot right of way as shown on said plat ... 401/343 09/22/1694 N ... all of the following described real estate, to -wit: Tract I. All that certain tract or parcel of land, containing 90.45 110.75 acres, more or less... Being more particularly described as to metes and bounds by two separate plats of 20.3 survey made by Carroll Gillispie, C.L.S., S.B.C., dated August 9, 1955. October 27, 2015 LOD-2015-00014 Page 2 of 3 5011586 02/08/1972 N ... all of the following described real estate, to -wit: I Tract I: All that certain tract or parcel of land, containing j 90.45 I 110.75 acres, more or less described as to metes and I bounds by two separate plats of survey made by Carroll 20.3 Gillis ie, C.L.S., S.B.C., dated August 9, 1955. 5301524 05/22/1973 N all of the following described real estate, to -wit: Tract I: All that certain tract or parcel of land, containing 90.45 110.75 acres, more or less described as to metes and bounds by two separate plats of survey made by Carroll 20.3 s i Gillispie, C.L.S., S.B.C., dated Auqust 9, 1955. AFTER DECEMBER 10, 1980 Parcel ID 13000-00-00-00800 - 68.99ac & 20.3ac Deed Date I Parcel Description Acres Development Book 1 Page Change I Rights YorN 9761498 i 01/1811988 Y All that certain lot or parcel of land, containing 5.067 acres, more, or less, shown as "Lot 1" on a plat of 5.067 1 II Gary M. Whelan, C.L.S. dated April 9, 1987. At this time the surveyor is accounting for the total of both parcels and refers to a 105.74 acre residue on 105.74 the plat recorded with this deed. _ (85.44 4 This division and the following 3 other subdivisions !; + all are divided from the 90.45 acre parcel noted in I 20.3) 5 the table above. Using the numbers from the recorded plat, 85.44 acres would be left from the !I original 90.45 acres after the subdivision of the 5.067 acres. The 20.3 acres remains a separate j parcel. 10021607 07/01/1988 Y All that certain lot or parcel of land, containing 6.441 acres, more, or less, shown as "Lot 2" on a plat of 6.441 1 Gary M. Whelan, C.L.S. dated March 17, 1988. I I At this time the surveyor is accounting far the total of I i 99.29 J I both parcels and refers to a 99.3 acre residue on the = ! plat recorded with this deed. (78.99 3 i I + ! 20.3) 5 1081 1115 06/16/1989 Y I All that certain lot or parcel of land, containing 5.008 acres, more, or less, shown as "Lot 3" on a plat of 5.008 I i I Robert L. Lum, C.L.S. dated April 25, 1989. I I I I At this time the surveyor is accounting for the total of i 94.28 both parcels and refers to a 94.2 acre residue on the _ plat recorded with this deed. (73.99 2 I I 20.3) 5 1081/119 06/0611989 Y All that certain lot or parcel of land, containing 5.00 I I I I acres, more, or less, shown as "Lot 4" on a plat of I 5.00 rt i f Robert L. Lum, C.L.S. dated May 5, 1989. I I At this time the surveyor is accounting for the total of 89.28 I both parcels and refers to an 89.2 acre residue on _ I the plat recorded with this deed. _ (68.99 1 I + 20.3)5 I October 27, 2015 LOD-2015-00014 Page 3 of 3 On the basis of these deeds Parcel ID 13000-00-00-00800 is determined to be two (2) parcels of record, one comprised of approximately 68.99 acres"'-, containing 1 development right, and one comprised of approximately 20.3 acres', containing 5 development rights. The parcel is 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 $258 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.albemade.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.albemade.org/cdapps.) If you have any questions, please contact me. St _, 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 J Gilbert and Dolores Gilbert Somers PO BOX 97 Scottsville VA 24590 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources LOD2015-00014 SOMERS r R3 30-7S1 1130-8B p_16� 13 130-1 Legend A.-30--� 130-7P � (Note: Some ms on map may not appear in legend) II J 130-81C 130-16W auEa„,E�m 7� o aEIREs CUEs,a,oN 1307R W sn`m19a0 0. P0CRv 8 PosTOFFICE 130-7T C h� t� Wo;zo91 La w a o 6 W` aROA,—asM a❑P 0 9 130 9A Tjy0ISNAI�v .a 130-7Q190 SII lip' '� D. / ap 130-11A \ r 68 99 ac es 130-15 130-7Y 130-14 20.3 acres\ 130-12* a, 136-34 129-10A I to 700 ft S ¢0CK CASTLE w 130-15B1 2y°E `eF GIS-Web lGeographic 736_ r"'k�3B, CRE� w Data Services www.albemarle.org 6-33 3`�0 `33C 33Q 136-29 � ��xc- (434)296-6832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources