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Home My WebLink AboutLOD201600010 Letter of Determination 2016-07-05COUNTY OF ALBEMARLE Department of Community Development 40I McIntire Road, North Wing Charlottesville, Virginia 22902-0596 Phone (434) 296-5832 Fax 434 9724126 July 5, 2016 Hamilton Moses III 3214 Oakmont Farm North Garden, VA 22959-232 RE: LOD2016-00010 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 11100-00-00-00500 (Property of Hamilton & Alexandra Moses) Samuel Miller Magisterial District Dear Mr. Moses: 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 ID 11100-00-00- 00500 is one (1) parcel of record containing 48.725 acres of land. The parcel has one (1) theoretical development right which, when considered with two (2) potential 21 acre lots, could result in three division rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 11100-00-00-00500 contains 48.725 acres and three (3) dwellings. The property is zoned RA, Rural Areas. The most recent deed for the Parcels, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 1401, page 449, dated May 3, 1994. - PRIOR TO DECEMBER 10, 1980 Parcel ID 11100-00-00-00500 — (147.326 acres Deed Book/ Pa e Date Parcel Change Y or N Description Acres "...all the certain tract or parcel of land... containing 147.326 acres as shown on plat of A. R. Sweet...." 354/471 12/03/1959 N This deed references and includes a survey plat by A. R. 147.326 Sweet and Associates, Engineers and Surveyors, dated Ma ,1958 showing the 147.326 acre parent Parcel. ..,all the certain tract or parcel of land... containing 147.326 acres as shown on plat of A. R. Sweet...." 3671382 04/26/1961 N This deed references the same survey plat from Deed 147.326 Book 354, page 471, by A. R. Sweet and Associates, Engineers and Surveyors, dated May, 1958 showing the 147.326 acre parent Parcel and being the same land conveyed in Deed Book 354, page 471. "...all the certain tract or parcel of land... containing 147.326 acres, more or less, as shown and more particularly 678 / 662 08/22/1979 N described on plat of A. R. Sweet...... 147.326 This deed references the same survey plat from Deed Book 354, page 471, by A. R. Sweet and Associates, Engineers and Surveyors, dated May, 1958 showing the 147.326 acre parent Parcel and being the same land conveyed in Deed Book 367, page 382. This deed July 5, 2016 LOD2016-00010 Page 2 of 3 establishes the Parcel of Record with five (5) theoretical development rights AFTER DECEMBER 10, 1980 Parcel ID 11100-00-00-00500 — 48.725 Deed Date Parcel Change Description Acres Development Book / Page Y or N Rights This is a Certificate of Plat to record the subdivision of TMP111-5 into two parcels, one 1220 / 568 04/27/1992 Y of 48.725 acres (TMP111-5) and one of 98.81 98.810 4 acres (TMP111-5A, the residue). This 48.725 1 subdivision plat was approved by the County 147.535 5 on April 24, 1992. This plat conveys one (1) division right to the 48.725 acre parcel. The residue retains four (4) division rights. This deed conveys 48.725 acres to Hamilton Moses III & Alexandra Gibson Moses, husband 1401 1449 05/03/1994 N and wife, being the same as the parcel shown 48.725 1 on the plat in Deed Book 1220, page 568. This deed had no effect on the parcel or the development riahts. On the basis of these deeds: Parcel ID 11100-00-00-00500 is determined to be one (1) parcel of record, comprised of approximately 48.725 acres and having one (1) theoretical development right for a 2 acre+ lot and up two additional division rights for 21 acre+ lots. 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 Chapter 18, Section 34.3 of the Albemarle County Code, 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.org/cdapgs. 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.or-q/countycodebza. July 5, 2016 LOD2016-00010 Page 3of3 (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/cdaDPS.) If you have any questions, please contact me. Sincerel , Ron . Higgins AICP Chief of Zoning/ Deputy Zoning Administrator Attachment: Map delineating parcels of record. Copy: Sheila L. Conrad, Real Estate Tech, Real Estate Travis Morris, Clerk of the Board of Supervisors Mr. Forbes Reback, Esq. 420 Park Avenue Charlottesville, VA 22902