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HomeMy WebLinkAboutLOD201600011 Action Letter 2016-07-28COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 July 25, 2016 Ms. Elaine Taylor 700 Belmont Avenue Charlottesville, VA 22902 RE: LOD2016-00011 - OFFICIAL DETERMINATION OF PARCELS OF RECORD — Parcel ID 10300-00-00-025AO & 025A1 (Property of Mary A Newton) Scottsville Magisterial District Dear Ms. Taylor: 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 10300-00-00- 025A0 is comprised of one (1) parcel of record with three (3) theoretical development rights and is separate from Parcel ID 10300-00-00-025A1, which is also a parcel of record having one (1) development right. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 10300-00-00-025A7 contains 3.00 acres and one (1) dwelling. The property is zoned RA, Rural Areas. The Albemarle County Real Estate Assessment records indicate Parcel ID 10300-00-00-025AO contains 7.00 acres and no dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 10300-00-00-025A7, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 507, page 464 and dated June 1, 1972. ALL PRIOR TO DECEMBER 10, 1980 Parcel ID 10300-00-00-025AO & 025A1 Deed Date Parcel Change Description Acres Book / Page Y or N 385 / 165 01/11/1963 N ...those certain adjoining parcels of land... containing in the 63.00+r- aggregate 63 acres, on the southerly and southeasterly side of State Route 795, shown on plat hereto attached..." The plat showed lands which included, what would later become, Tax Map 103, parcels 25A & 25A1. 470 / 303 03/14/1970 Y ...all that certain lot or parcel of land containing 10 acres, more or less, ... on the southeasterly side of State Route 10.00+1- 795..." This was described as being a portion of the 63 acre tract conveyed by Deed Book 385, page 165. This Deed established a 10 acre tract that would become Tax Map 103, parcel 25A from which 25A1 would come. 507 / 464 06/01/1972 Y This is a deed of trust that includes the description and 3.00 survey for "3.00 acres... being a portion of... 10 acres ... conveyed ... by ... Deed Book 470, page 303. This establishes the two parcels of record, the plat approved by Albemarle County 11/23/1971, but not recorded as this Deed of Trust was recorded instead of the subdivision. July 25, 2016 LOD-2016-00011 Page 2 of 2 On the basis of these deeds: Parcel ID 10300-00-00-025AO is determined to be one (1) parcel of record comprised of approximately 7.00 acres, having three (3) theoretical development rights and Parcel ID 10300-00-00-025A7 is determined to be one (1) parcel of record comprised of approximately 3.00 acres, having one (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 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.orglcdapps. 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.oralcountvcodebza. (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.orQlcdapos.) If you have an please contact me. Sinc ely, R ald L. Higgins, AIC Chief of Zoning/Deputy Zoning Administrator Attachment: Tax Map delineating parcels of record. Copy: Sheila L. Conrad, Real Estate Tech, Real Estate Travis Morris, Clerk of the Board of Supervisors Mary A. Newton 981 Sugar Plum Road Louisa, VA 23093