HomeMy WebLinkAboutLOD201500015 Letter of Determination 2015-12-28COUNTY OF AT WARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 22, 2015
Doris M. Fitzgerald Living Trust
clo Teresa F. Pirkey, Trustee
P. O. Box 57
Greenwood, VA 22943
RE: LOD2015-00015 - OFFICIAL DETERMINATION OF PARCELS OF RECORD &
THEORETICAL DEVELOPMENT RIGHTS - Tax Map 55, Parcel 22.
Dear Ms. Pirkey:
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 55, Parcel 22
is comprised of two (2) parcels of record, one containing 50.00 acres with five (5) theoretical
development rights and the other, an access parcel, containing 2.50 acres. The basis for this
determination follows.
Albemarle County records indicate that Tax Map 55, Parcel 22 contains 52.50 acres located in
the White Hall Magisterial District, with three (3) dwellings. The property is zoned RA Rural
Areas.
The most recent deed for Tax Map 55, Parcel 22 is recorded in Deed Book 3953 page 679 and
is dated May 14, 2010.
PRIOR TO DECEMBER 10, 1980
TMP 55-22
Deed
Book1
Page
Date
Parcel
Change
Y or N
Description
Acres
1681152
6/25/1918
N
"...that certain tract of fifty (50) acres, of land... described in
50.00
a plat hereto attached..." This deed establishes Tax Map
Plus r -o -w
55, Parcel 22 as a parcel -of record with five (5)
of 12 feet
theoretical development rights. This deed also
references the "...right of way, to, and from said
tract..." and describes it as having a width of twelve
12 fleet.
3051349
5/22/1953
N
"...the "50 acre" tract which was conveyed... with plat
50.00
attached in Deed Book 168 page 152." Along with '...that
2.50
certain small parcel of land containing approbmately 2 %
52.50
acres lying in Albemarle County ... This deed establishes
the 2 115 acre parcel as a parcel of record for the
purpose of providing access to the 50 acre parcel and
has no effect on Tax Map 55, Parcel 22.
December 22, 2015
LOD-2015-00015
Page 2 of 3
3311555
5/1/1957
N
"... containing 50 acres more or less... conveyed... in
50.00
9151373
9/15/1986
N
Deed Book 168 page 152..." and "...approximately 2
-2.50
acres adjoining the aforesaid 50
52.50
acres... conveyed... in Deed Book 305 page 349..."
52.50
This deed had no effect on the parcels.
3331456
7/24/1957
N
"...all those two (emphasis added) tracts or parcels
50.00
of land, containing in the aggregate 52112 acres,
2.50
more or less,.. namely: ... 50 acres, more or less..."
52.50
3953/679
5/14/2010
N
and "approximately 2 % acres adjoining aforesaid 50
50.00
acres..." This deed had no effect on the parcels.
2.50
AFTER DECEMBER 10, 1980
TMP 55-22
Deed
Boots 1
Page
Date
Parcel Change
Y or N
Description
Acres
9151373
9/15/1986
N
"This Deed of Exchange" of 2.50 with 2.446 acres
50.00
includes the "2 % acnes adjoining... 50 acres...°
2.50
described in Deed Book 333, Page 456. The plat
52.50
attached to this deed ads 2.446 acres (what is
apparently the "Entrance Parcel" shown on the plat
attached to the deed) to the residue of Tax Map 55,
Parcel 22. This deed had no effect on the parcels.
3953/679
5/14/2010
N
This is a gift conveyed the 52.50 acres to the Doris M.
50.00
Fitzgerald Living Trust. This deed had no effect on
2.50
the parcels.
5250
On the basis of these deeds Tax Map 55, Parcel 22 is determined to be two (2) parcels of
record as follows:
1) One containing 50.00 acres having five (5) theoretical development rights, and;
2) A second containing 2.50 acres, created for the purpose of providing access to
the 50.00 acre parcel.
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.
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.orn/odapos. 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.
December 22, 2015
LOD-2015-00015
Page 3. of 3
(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 ww..albemarle.ora/odanos.)
Chief of Zoning/Deputy Zoning Administrator
Attachment: Tax Map delineating parcel of record
Copy: Scott B. Peyton, Realtor Representative for owner
Sheila L. Conrad, Real Estate Tech, Real Estate
Ella Jordan, Clerk of the Board of Supervisors