HomeMy WebLinkAboutLOD201500019 Letter of Determination 2016-02-17fIf
COUNTY OF ALDEN ARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902.4596
Phone (434) 296-5832 Fax (434) 972-4126
February 17, 2016
Gary Robert Moon
4534 Hamner Road
Charlottesville, VA 22903
RE: LOD201500019 - OFFICIAL DETERMINATION OF PARCELS OF RECORD AND
DEVELOPMENT RIGHTS -Tax Map 112, Parcels 1 & 1A.
Dear Mr. Moon:
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 112, Parcel 1
is one (1) parcel of record, being 121.00 acres in size, with five (5) theoretical development
rights and that Tax Map 112, Parcel 1A is one (1) parcel of record, being 10.00 acres in size,
with five (5) theoretical development rights. The basis for this determination follows.
The most recent deed for Tax Map 112, Parcels 1 & 1A is recorded in Deed Book 2803, page
460 and is dated July 22, 2004.
Albemarle County records indicate Tax Map 112, Parcel 1 contains 121.00 acres located in the
White Hall Magisterial District. The property is zoned RA Rural Areas.
PRIOR TO DECEMBER 10, 1980
TMP 112-1
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
1751483
10/01/1920
N
"...all that certain lot or parcel of land containing 131
131.00
acres... more or less... situated on the Hardware River,
in the County of Albemarle..." This is the parent
parcel which the 121 acre tract, now known as TMP
112-1, comes from.
353/564
10/23/1959
Y
"...all that certain lot or parcel of land... containing 121
121.00
acres more or less and which is the same land as was
conveyed to the Grantor by... in Deed Book 175, page
483, less the parcel of about 10 acres conveyed ...to
the Grantee by deed ... in Deed Book 304, page 339."
This deed establishes the 121 acre tract, TMP112-1,
as a parcel of record with five (5) theoretical
development rights.
4271033
3/20/1967
N
"...all that certain parcel of land... containing 121 acres,
121.00
more or less, and being the same land... conveyed.., in
Deed Book 353, page 564..." This deed had no
effect on the parcel.
February 17, 2016
LOD-201500019
Page 2 of 3
AFTER DECEMBER 10, 1980
TMP 112-1
Deed
Book/ Pae
Date
Parcei Change
Y or N
I Description
Acres
1049/659
5/25/1989
N
"...those two certain tracts or parcels of
121.00
land... containing 10 acres, more or less,... and
containing 121 acres, more or less, and more
particularly identified on the Tax Maps of Albemarle
County as Tax Map 112, Parcel 1A*..." This Deed
3041339
10/18/1952
Y
had no effect on parcel 1.
10.00
2803/460
7/22/2004
N
Incorrectly identified asparcel 1A.
10.00
2803/460
7/22/2004
N
"...all those two certain tracts or parcels of land....and
121.00
containing 121 acres, more or less and more
particularly identified... as Tax Map 112, Parcel 1."
This Deed had no effect on parcel 1.
On the basis of these deeds Tax Map 112, Parcel 1 is determined to be a parcel of record
containing five (5) theoretical development rights.
Albemarle County records indicate Tax Map 112, Parcel 1A contains 10.00 acres located in the
White Hall Magisterial District. The property is zoned RA Rural Areas.
PRIOR TO DECEMBER 10, 1980
TMP 112 -IA
Deed
Book 1 Pae
Date
Parcel Change
Y or N
Description
Acres
1751483
10/01/1920
N
"...all that certain lot or parcel of land containing 131
131.00
acres... more or less... situated on the Hardware River,
in the County of Albemarle..." This is the parent
parcel which the 10 acre tract, now known as TMP
112-1 A, comes from.
3041339
10/18/1952
Y
"...certain tract or parcel of land... containing ten (10)
10.00
2803/460
7/22/2004
N
acres, more or less and being a tract approximately 2
10.00
acres in width and 5 acres in length, ...being a portion
of that property conveyed... by deed dated October 1,
1920... in D. B. 175, page 483..." This deed
establishes the 10 acre tract, TMP 112-1A, as a
parcel of record with five (5) theoretical
development rights.
AFTER TO DECEMBER 10, 1980
TMP 112-1A
Deed
Book / Pae
Date
Parcel Change
Y or N
Description
Acres
1049/659
5/25/1989
N
"...those two certain tracts or parcels of
10.00
land... containing 10 acres, more or less, and more
particularly identified on the Tax Maps of Albemarle
County as Tax Map 112, Parcel 1 *... This Deed had
no effect on parcel 1 A.
Incorrectl identified as parcel 1.
2803/460
7/22/2004
N
"...all those two certain tracts or parcels of
10.00
land... containing 10 acres, more or less, and more
particularly identified... as Tax Map 112, Parcel 1A..."
This Deed had no effect on parcel 1A.
February 17, 2016
LOD-201500019
Page 3 of 3
On the basis of these deeds Tax Map 112, Parcel 1A is determined to be a parcel of
record containing 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
of record 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.ora/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.ora/countvcodebza
(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/odapps.)
If you have, ny questions, pleas contact me.
S
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Ropaid'L. Higgins, A1CP
Chief of Zoning/Deputy Zoning Administrator
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate
Ella Jordan, Clerk of the Board of Supervisors