HomeMy WebLinkAboutLOD201500017 Letter of Determination 2016-03-04 (2)COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone 434) 296-5832 Fax (434) 972-4126
March 4, 2016
Helen Evans
1660 Dudley Mountain
Charlottesville, Virginia 22903
RE: LOD201500017 - OFFICIAL DETERMINATION OF PARCELS OF RECORD AND
DEVELOPMENT RIGHT - Tax Map 89, Parcels 63
Dear Ms. Evans:
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 89, Parcel 63
is one (1) parcel of record, being 170.72 acres in size, with three (3) theoretical development
rights and that The basis for this determination follows.
Albemarle County records indicate Tax Map 89, Parcel 63 is located in the Samuel Miller
Magisterial District, The property is zoned RA Rural Areas.
The most recent deed for Tax Map 89, Parcel 63 is recorded in Deed Book 2246, page 500 and
is dated August 7, 2002.
PRIOR TO DECEMBER 10, 1980
TMP 89-63
Deed
Book/ Page
Date
Parcel Change
Y or N
Description
Acres
3391344.
816157
N
... beginning at a point in the center of Red Hill Road,
150.25
7501698
10/23/82
N
present State Rod 706 .... tract of 150.25 acres
197.71
....a certain triangular parcel of land .... being a portion
of the 150.25 acres
AFTER DECEMBER 10, 1980
TMP 89-63
Deed
Date
Parcel Change
Description
Acres
Book I Pae
Y or N
7501698
10/23/82
N
...all that certain parcel... fronting on both sides of State
197.71
Route 706... more particularly described as plat... dated
515182 * This plat appears to provide the first
accurate metes and bounds of this property*
1958/339
9121100
N
...all that certain parcel... fronting on both sides of State
197.71
Route 706... more particularly described as plat ... dated
515182
2009/721
2112101
Y
...all that certain lot or parcel ....more particularly
5.47
described as Parcel B on plat... revised 2/6/2001
March 4, 2016
LOD-201500017
Page 2 of 3
On the basis of these deeds Tax Map 89, Parcel 63 is determined to be a parcel of record
containing three (3) 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.
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.albemarle.orq/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 Albemarle County Code. 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.orci/cdapps.)
If you have any questions, please contact me.
Sin erely,
Sarah Bal win
Designee to the Zoning Administrator
Attachment: Map delineating parcels of record
"Parcels A & B received 5 D.R. due to the road
se aratin the parcels.
2092/143
915101
Y
......all that certain lot or parcel ....more particularly
5.47
described as Parcel A on plat... revised 2/6/2001
*Parcels A & B received 5 D.R. due to the road
separating the parcels.
2232/446
7118102
Y
... all that certain lot or parcel... more particularly
2
described as Parcel C on plat.... dated 1011101
2246/500
817102
Y
...all that certain lot or parcel... more particularly
5.35
described as Parcel D on plat.... dated 1/8102
On the basis of these deeds Tax Map 89, Parcel 63 is determined to be a parcel of record
containing three (3) 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.
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.albemarle.orq/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 Albemarle County Code. 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.orci/cdapps.)
If you have any questions, please contact me.
Sin erely,
Sarah Bal win
Designee to the Zoning Administrator
Attachment: Map delineating parcels of record
March 4, 2016
LOD-201500017
Page 3 of 3
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate
Ella Jordan, Clerk of the Board of Supervisors
1VI-r- Hcrea a ui�ision rights for 21 acre minimum
89-63 170.72 7