HomeMy WebLinkAboutSUB201600031 Review Comments 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
December 28, 2015
Roger W Ray & Associates, Inc.
1717-1 b Allied Street
Charlottesville VA 22903
RE: LOD2015-00018 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 01400-00-00-05100 (Property of RONALD W &
EILEEN F LAVIS) Scottsville Magisterial District
Dear Mr. Ray:
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 1D 01400-00-
00-05100 is comprised of four (4) parcels of record, each parcel with one (1) theoretical
development right. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 01400-00-00-05100
contains 6.97 acres and two (2) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 01400-00-00-05100, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 256, page 72 dated
December 28, 1942.
PRIOR TO DECEMBER 10, 1980
Parcel ID 01400-00-00-05100 — 0.5 acres and Approx. 2.0 acres
Deed
Date
Parcel Change
Description
Acres
Book 1 Pae
Y or N
981450
12/24/1892
Y
..the two following parcels of real estate... First a lot of land,
.5
supposed to contain one half acres, more or less, and,
Secondly a certain other lot of land adjoining the first.
Descri tion follows but no acreage Is noted
Approx. 2.0
1301147
03/06/1903
N
...those two parcels on land FIRST: ... ALOT ...Supposed to
.5
contain one-half acres more or less, and SECONDLY: A
certain other lot of land adjoining the first, and recorded in DB
98 P 450. (Description follows but no acreage is noted
Approx. 2.0
1851349
06/01/1917
N
...the tract of land being the same land conveyed in DB 130
2.5
P 147, and therein described as two lots or tracts of land.
1881413
12/24/1924
N
...all that lot or parcel of land containing 2%2 acres, more or
2.5
less, and being the same two lots of land described in DB
130 P 147.
196/171
02/28/1927
N
... all that certain tract or parcel of land containing 2%2 acres,
2.5
more or less, and recorded in DB 188 P 413.
2151149
01/04/1932
N
...all that certain tract or parcel of land containing 21A acres,
2.5
more or less, and recorded in DB 196 P 171.
December 28, 2015
LOD-2015-00016
Page 2 of 5
2221428
03/22/1934
N
all of the following lands..., and particularly described as
Book 1 Pae
follows:
I
2151566
(1) That certain tract or parcel of land, containing 2'/ I 2.5
Y
...all that certain tract or parcel of land, containing one and
I
acres, more or less, and of record in DB 215 P 149.
two tenths (1.2) acres and more particularly described
(2) That certain tract or parcel of land, containing 1 2110 ! 1.2
i
acres, according to plat made by Hugh F. Simms,
S.A.C., March 1932 and more particularly described
March 1932 to be recoded with this deed.
2221428
in DB 215P566.
i
of the following lands..., and particularly described as
(3) That certain other tract or parcel of land that was
follows:
conveyed in DB 221 P 512, described by the Unknown
(4) That certain tract or parcel of land, containing 2'/ 2.5
boundaries... this last named tract being now sold acres
I
acres, more or less, and of record in DB 215 P 149.
and conveyed in gross and not by the acre.
256172 , 12/28/1942
N
...all of the following lands.... and particularly described as
,
2110 acres, according to plat made by Hugh F. !
follows:
Simms, S.A.C., March 1932 and more particularly
(1) That certain tract or parcel of land, containing 2'/z
2.5
described in DB 215 P 566. '
acres, more or less, and of record in DB 215 P 149.
(6) That certain other tract or parcel of land that was i
(2) That certain tract or parcel of land, containing 12/10
1.2
conveyed in DB 221 P 512, described by the Unknown
acres, according to plat made by Hugh F. Simms,
boundaries... this last named tract being now sold acres I
S.A.C., March 1932 and more particularly described
and conveyed in gross and not by the acre.
in DB 215P566.
12/28/1942
N all of the following lands..., and particularly described as
(3) That certain other tract or parcel of land that was
Unknown
conveyed in DB 221 P 512, described by the
acres
acres, more or less, and of record in DB 215 P 149.
boundaries... this last named tract being now sold
I
iand
conveyed in gross and not by the acre.
2110 acres, according to plat made by Hugh F. I
The land conveyed is the same property which was conveyed
!
described in DB 215 P 566.
in DB 222 P 428.
PRIOR TO DECEMBER 10, 1980
Parcal ID (11400-00-00-05100 - f1.2ac)
Deed
Date
Parcel Change
DescriptionAcres
Book 1 Pae
Y or N
I
2151566
03/31/1932 1
Y
...all that certain tract or parcel of land, containing one and
1.2
two tenths (1.2) acres and more particularly described
!
according to survey and plat made by High F. Simms, S.A.C. '
March 1932 to be recoded with this deed.
2221428
03/22/1934
Nall
of the following lands..., and particularly described as
follows:
(4) That certain tract or parcel of land, containing 2'/ 2.5
I
acres, more or less, and of record in DB 215 P 149.
(5) That certain tract or parcel of land, containing 1 1.2
2110 acres, according to plat made by Hugh F. !
Simms, S.A.C., March 1932 and more particularly
described in DB 215 P 566. '
(6) That certain other tract or parcel of land that was i
conveyed in DB 221 P 512, described by the Unknown
boundaries... this last named tract being now sold acres I
and conveyed in gross and not by the acre.
256172
12/28/1942
N all of the following lands..., and particularly described as
follows: i
(4) That certain tract or parcel of land, containing 2 % 2.5
acres, more or less, and of record in DB 215 P 149.
' (5) That certain tract or parcel of land, containing 1 1.2
2110 acres, according to plat made by Hugh F. I
Simms, S.A.C., March 1932 and more particularly '
described in DB 215 P 566.
December 28, 2015
LOD-2015-00016
Page 3 of 5
PRIOR TO DECEMBER 10, 1980
Parcel ID 01400-00-00-05100 - (Estimated by new survev to be aporoximateiv 3.27 acres)
Deed
Date
Parcel Change
(6) That certain other tract or parcel of land that was
Acres
Book/ Pae
1612146
Y or N
conveyed in DB 221 P 512, described by the
Unknown
2211512
01/05/1934
Y
boundaries... this last named tract being now sold
acres
containing 6.97 acres, as more particularly
6.97 total
and conveyed in gross and not by the acre.
acres
2221428
03/22/1934
N
The land conveyed is the same property which was conveyed
and physical survey prepared by Roger W. Ray
in DB 222 P 428.
1
PRIOR TO DECEMBER 10, 1980
Parcel ID 01400-00-00-05100 - (Estimated by new survev to be aporoximateiv 3.27 acres)
Deed
Date
Parcel Change
Description
Acres
Book/ Pae
1612146
Y or N
N
All that certain tract or parcel of land,
2211512
01/05/1934
Y
The tract hereby conveyed is the southern portion of the
Unknown
containing 6.97 acres, as more particularly
6.97 total
8 acres and 99 poles tract of land conveyed in DIB 219 P 75.
acres
2221428
03/22/1934
N
...all of the following lands..., and particularly described as
and physical survey prepared by Roger W. Ray
follows:
1
(7) That certain tract or parcel of land, containing 2'/
2.5
acres, more or less, and of record in DB 215 P 149.
1997.
&
(8) That certain tract or parcel of land, containing 1 2110
1.2
0.5
1
acres, according to plat made by Hugh F. Simms,
1.2 1
S.A.C., March 1932 and more particularly described
in DB 215P566.
(9) That certain other tract or parcel of land that was
conveyed in DB 221 P 512, described by the
Unknown
boundaries... this last named tract being now
acres
sold and conveyed in gross and not by the acre.
256172
12/28/1942
N
...all of the following lands..., and particularly described as
follows:
(7) That certain tract or parcel of land, containing 2 %
2.5
acres, more or less, and of record in DB 215 P 149.
(8) That certain tractor parcel of land, containing 12110
1.2
acres, according to plat made by Hugh F. Simms,
S.A.C., March 1932 and more particularly described
in DB 215P566.
(9) That certain other tract or parcel of land that was
Unknown
conveyed in DB 221 P 512, described by the
acres
boundaries... this last named tract being now
sold and conveyed in gross and not by the acre.
The land conveyed is the same property which was conveyed
in DB 222 P 428.
AFTER DECEMBER 10, 1980
Parcel ID 01400-00-00-05100 - (2.5ac, 1.2ac & Unknown acres (Est. 3.27ac))
Deed
Book 1 Page
Date
Parcel
Change
YorN
Description
Acres
Development
Rights
1612146
05/01/1997
N
All that certain tract or parcel of land,
containing 6.97 acres, as more particularly
6.97 total
shown and described on a plat of boundary
and physical survey prepared by Roger W. Ray
2.0
1
& Associates, Inc., C.L_S., dated April 24,
1997.
&
0.5
1
1.2 1
1
December 28, 2015
LOD-2015-00016
Page 4 of 5
On the basis of these deeds
Parcel ID 01400-00-00-05100 is determined to be four (4) parcels of record, one
comprised of approximately 2.0 acres*'-, containing 1 development right, one comprised
of approximately 0.5 acres', containing 1 development right, one comprised of
approximately 1.20 acres*'-, containing 1 development right, and one comprised of an
estimated 3.27 acres*'-, containing 1 development right.
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.albemarle.or Icda s. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
This plat does not show the separate parcels
but refers to the Deed Book and Page numbers
of what is determined with this letter to be
Unknown i
separate parcels of record. With the acreages
acres
described in previous deeds and the new
(estimate
surveyed amount of acreage (6.97ac) it can be
to be
estimated that remaining portion of the
3.27ac)
f '
property which is the parcel referenced in DB
221 P 512 is 3.27acres.
2375/578
01/16/2003
N
All that certain tract or parcel of land,
containing 6.97 acres, as more particularly
6.97 total
shown and described on a plat of boundary
I
and physical survey prepared by Roger W. Ray
2.0
1
& Associates, Inc., C.L.S., dated April 24,
1997, recorded in DB 1612 P 46
&
0.5
1
1.2
1
Unknown
acres
(estimate
1
to be
w
3.27ac
On the basis of these deeds
Parcel ID 01400-00-00-05100 is determined to be four (4) parcels of record, one
comprised of approximately 2.0 acres*'-, containing 1 development right, one comprised
of approximately 0.5 acres', containing 1 development right, one comprised of
approximately 1.20 acres*'-, containing 1 development right, and one comprised of an
estimated 3.27 acres*'-, containing 1 development right.
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.albemarle.or Icda s. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
December 28, 2015
LOD-2015-00016
Page 5 of 5
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.albamarle.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.)
If you have any questions, please contact me.
Sincerel
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcels of record.
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate
Ella Jordan, Cleric of the Board of Supervisors
RONALD W OR EILEEN F LAVIS
4487 BROWNS GAP TPKE
CROZET VA, 22932-1834
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources December 28, 2015
LOD2015-00016 LAVIS TMP 14-51
14-42
Z b 14-53
V�
Legend
(Note: Some items on map may not appear in legend)
0& v 14-44A "' 14-52C
�TicA�R 5��00 �` 41
°^wMMn� E�m
5034
14-44
oFIZ EsCUES—ON
M Hi°ese`Aj_
® a=EA,-Ra.
4525
�Q
2 Approx.
(9� 3.27 acres
14-45
14-45A
O
810,
14-51
1 • 14-52
668
2.0 acres
4487
,-i
acres
200 ft
14-46
ACBE
i OF
9 GIS-Web
14-50
�2R .Illi
m Geographic Data Services
www.albemarle.org
(434)296-5832
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources December 28, 2015