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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
July 5, 2016
Daniel Falwell
P. O. Box 353
Charlottesville, VA 22902
Fax (434) 972-4126
RE: LOD2016-00008 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 10100-00-00-027A1 (Property of Daniel Falwell) &
Parcel ID 10100-00-00-027AO (Property of Phillip Darren & Kristen L. Hensley) Samuel
Miller Magisterial District
Dear Mr. Falwell:
The County Attorney and I have reviewed the title information for the above -noted properties. It is
the County Attorney's advisory opinion and my official determination that Parcel ID 10100-00-00-
027A1 is one (1) parcel of record containing 7.3704 acres of land and Parcel ID 10100-00-00-
027A0 is one parcel of record containing 10.3360 acres of land. The two parcels together have a
total of five (5) theoretical development rights which have not been divided between the two
parcels. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 10100-00-00-027A1
contains 7.3704 acres and one (1) dwelling, Parcel ID 10100-00-00-027AO contains 10.3360
acres of land and one (1) dwelling. The properties are 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 1774, page 010, dated December 21, 1998.
PRIOR TO DECEMBER 10, 1980
Parcel ID 10100-00-00-027AO — (17.25 acres)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
"...The tract hereby conveyed contains Seventeen & One
136 / 299
10/12/1907
N
Fourth (17-1/4) acres, more or less...."
17.25+'-
This deed establishes TMP 101-27A as a parcel of record
with five (5) theoretical development rights.
AFTER DECEMBER 10, 1980
Parcel ID 11800-00-00-03000 — (42.737)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
This Decree of Confirmation and Sale was to
partition Parcel 27A into two Parcels, one of
1598 / 103
12/02/1996
N
10.336 acres, more or less, to the complainant
10.3360
5
and one of 7.3704 acres, more or less, to be
7.3704
sold by the Court. The two Parcels are shown
17.7064
as Parcels 1 and 2 on the plat, dated July 6,
1995, of Gary M. Whelan, Land Surveyor.
July 5, 2016
LOD-2016-00008
Page 2 of 3
The referenced plat did not indicate how the
five (5) theoretical development rights were
to be divided.
This deed conveys Parcel 2 (TMP101-27A1)
containing 7.3704 acres as shown on the
1774 / 010
12/21/1998
N
subdivision plat referenced in Deed Book 1598,
7.3704
5
page 103 to Daniel E. Falwell without
assigning any of the five (5) theoretical
development rights.
On the basis of these deeds:
Parcel ID 10100-00-00-027A1 is determined to be one (1) parcel of record, and is comprised
of approximately 7.3704 acres.
Parcel ID 10100-00-00-027AO is determined to be one (1) parcel of record, and is comprised
of approximately 10.336 acres.
The owners of these two parcels must determine the number of theoretical development
rights to assign to each from the five (5) theoretical development rights total. Please note
the parcel 27A1 cannot have more than three (3) theoretical development rights due to its
acreage of 7.3704 acres.
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/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.org/cdapps.)
If you have any questions, please contact me.
July 5, 2016
LOD-2016-00008
Page 3 of 3
Sincerely,
Ronald L. Higgins AICP
Chief of Zoning/ Deputy Zoning Administrator
Attachment: Map delineating parcels of record.
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate
Clerk of the Board of Supervisors
Phillip D. & Kristen L. Hensley
1650 Terrell Forest Lane
Charlottesville, VA 22903-791