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Home My WebLink AboutLOD201500004 Letter of Determination 2015-12-28COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 16, 2015 Schmidt Family Partnership c/o Tim T. Schmidt 6507 Scottsville Road Scottsville, VA 24590 RE: LOD2015-00004 - OFFICIAL DETERMINATION OF PARCELS OF RECORD & THEORETICAL DEVELOPMENT RIGHTS - Tax Map 121, Parcel 82H. Dear Mr. Schmidt: 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 121, Parcel 82H is comprised of three (3) parcels of record, one being 159.996 acres in size, with three (3) theoretical development rights, one being 82.524 acres in size, with five (5) theoretical development rights, and one parcel being 32.82 acres in size with five (5) theoretical development rights. The basis for this determination follows. Albemarle County records indicate that Tax Map 121, Parcel 82H contains 275.34 acres located in the Scottsville Magisterial District, with one (1) dwelling. The property is zoned RA Rural Areas. The most recent deed for Tax Map 121, Parcel 82H is recorded in Deed Book 1584 page 032 and is dated December 11, 1996. PRIOR TO DECEMBER 10, 1980 TMP 121-82H Deed Book / Page Date Parcel Change Y or N Description Acres 275/317 8/29/1947 N "..,all those three tracts or parcels of land situated in (1)153.80 the Scottsville Magisterial District of Albemarle County, (2) 87.10 Virginia... more particularly described by plat of T. W. 3 32.82 Saunders, S.H.G.... as lot No. 1 containing 153.8 Total: 273.72 acres, lot No. 2 containing 87.1 acres and lot No. 3 containing 32.82 acres..." This deed establishes the three lots in parcel 82H as three parcels of record with five 5 theoretical development rights each. April 16, 2015 LOD-2015-00004 Page 2 of 3 AFTER DECEMBER 10, 1980 TMP 121-82H Deed Date Parcel Change Description Acres Book/ Pae Y or N 720/139 6/30/1981 Y for lots "...all those three certain tracts of land in Albemarle Total: 254.184 1 &2 County, Virginia... containing in the aggregate 254.184 acres, more or less, more particularly described by reference to plat of T, W. Saunders recorded in... Deed Book 275, page 319 as follows:... Lot 1, containing 153.8 acres... SAVE and EXCEPT the part thereof conveyed to the Commonwealth of Virginia for widening of State Route 20 ... All of the tract containing 82.524 acres being all of Lot 2... except a parcel containing 4.576 acres (for VDOT r-o-w)...All of the tract shown as Lot 3, containing 32.82 acres on said plat of T. W. Saunders." This deed modifies the size of Lots1 & 2 but otherwise has no affect on the parcels or theoretical development rights. 1016/405 2/8/1988 Y for Lot 1 "all those three (3) certain lots or parcels of land in Total: 243.76 Albemarle County, Virginia... aggregating 243.76 acres, more or less, described as Lots 1, 2 and 3 in a deed dated June 30, 1981... in Deed Book 720, page 139... LESS AND EXCEPT from Lot 1, 10.00 acres... which is being retained by the grantor:..." This deed conveys two (2) development rights with the 10 acre tract leaving three (3) theoretical development rights with Lot 1. This deed has no effect on Lots 2 and 3. 1239/033 6/12/1992 "All those three (3) certain lots or parcels of Total: 243.76 land... aggregating 243.76 acres, more or less, described as Lots 1, 2 and 3... in Deed Book 720, page 139... LESS & EXCEPT from Lot 1, 10.00 acres shown and described as Tract A on a plat dated March 24, 1988 prepared by R. O. Snow, Inc. recorded in ... Deed Book 1016, at page 407. This deed has no effect on the arcels. 1431/037 8/31/1994 N "All those three (3) certain lots or parcels of Total: 243.76 land... aggregating 243.76 acres, more or less, described as Lots 1, 2 and 3 ... in Deed Book 720, page 139... LESS & EXCEPT from Lot 1, 10.00 acres shown and described as Tract A on a plat dated March 24, 1988 prepared by R. O. Snow, Inc. recorded in ...Deed Book 1016, at page 407. This deed has no effect on the parcels. 1584/032 12/11/1996 Y for Lot 1 This is a plat recorded on Deed Book 1584, page 44 Total: 275.34 which conveys 31.58 acres to Lot 1 without conveying any development rights. This deed has no effect on the parcels other than to increase the size of Lot 1. April 16, 2015 LOD-2015-00004 Page 3 of 3 On the basis of these deeds Tax Map 121, Parcel 82H is determined to be 3 parcels of record having theoretical development rights as follows: Tax Map 121-82H (Lot 1) containing 159.996 acres with three (3) theoretical development rights. Tax Map 121-82H (Lot 2) containing 82.524 acres with five (5) theoretical development rights. Tax Map 121-82H (Lot 3) containing 32.82 acres with five (5) theoretical development rights. 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.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.) Sin rely, �R ald L. Higgins, A CP Chief of Zoning/Deputy Zoning Administrator Attachment: Map delineating parcels of record Copy: Sheila L. 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