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HomeMy WebLinkAboutLOD201600018 Letter of Determination 2016-12-07COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 December 7, 2016 Donna Martin Morris 105 Whetstone Place Charlottesville VA 22901 Fax (434) 972-4126 RE: LOD2016-00018 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & OF NONCONFORMITY — Parcel ID 090AO-00-OB-012AO (Property of M P ESTATE & BARBARA B MARTIN) Scottsville Magisterial District Dear Mrs. Morris: 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 090AO-00-OB-012AO is comprised of two (2) parcels of record. It is also my official determination that the six (6) dwelling units on .774 acres (Lot 12A) is legally nonconforming to the permitted density for the R-2 zoning district as described Chapter 18 of the Albemarle County Code (the "Zoning Ordinance"). The basis for these determinations follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 090AO-00-OB-012AO contains 1.00 acres and six (6) dwellings. The property is zoned R-2, Residential. The most recent deed for Parcel ID 090AO-00-OB-012AO, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance is recorded in Deed Book 623, page 285 dated June 6, 1977. PRIOR TO DECEMBER 10, 1980 Parcel ID 090AO-00-OB-012AO (1.342 acres) Deed Date Parcel Change Description Acres Book / Pae Y or N 481 /511 12/31/1970 Y ...all those two certain lots or parcels of land... designated Lot 12A as Lot 12A and Lot 12B on a plat... captioned "Plat Showing 33719 S.F. Lot 12A & 12B, a Division of Lot 12 Block B, Section Two (.774ac) "oak Hill", Albemarle County, Virginia". Attached hereto and Lot 12B made part of this deed... 24771 S.F. (568 c) 571 /610 02/24/1975 N ...all those two certain lots or parcels of land... designated Lot 12A as Lot 12A and Lot 12B on a plat... recorded in... DB 481 P (.774ac) 511, and to which deed said plat is attached at page 513. Lot 12B (.568 c) 571 /613 02/24/1975 N ...all those two certain lots or parcels of land... designated Lot 12A as Lot 12A and Lot 12B on a plat... recorded in... DB 481 P (.774ac) 513 and being the same property in all respects conveyed... Lot 12B by deed... of record immediately prior hereto. .568ac 590/620 03/01/1976 N ...all those two certain lots or parcels of land... designated Lot 12A as Lot 12A and Lot 12B on a plat... recorded in... DB 481 P (.774ac) 513, being the same property in all respects conveyed... in Lot 12B DB 571 P 613. .568ac December 7, 2016 LOD-2016-00018 Page 2 of 3 590/623 03/17/1976 N Recordation of PHYSICAL SURVEY OF LOTS 12A & 12B, Lot 12A There are no deeds after 1980 pertaining to this property. BLOCK B, SECTION 2 "OAK HILL" made February 161h, 33716 S.F. 1976, with deed of trust for Lot 12A. (.774ac) Lot 12B 24768 S.F. 568ac 623/285 06/06/1977 N ...those two certain lots or parcels of land... designated as Lot 12A Lots 12A and 12B on a plat... recorded in DB 590 P 623. (.774ac) Lot 12B 568ac AFTER DECEMBER 10, 1980 Parcel ID 090AO-00-OB-012AO — (.774 acres and .568 acres) Deed Book / Pae DateParcel Change Y or N Description Acres There are no deeds after 1980 pertaining to this property. Parcels of Record Determination On the basis of the above noted deeds Parcel ID 090AO-00-OB-012AO is determined to be two (2) parcels of record, one comprised of approximately .774 acres" (Lot 12A), and one comprised of approximately .568 acres+' (Lot 12B). Nonconformity Determination It is determined that the six (6) dwelling units on .774 acres (Lot 12A) is legally nonconforming to the permitted density for the R-2 zoning district as described in the Zoning Ordinance. Lot 12A was developed in 1975 per a site plan approved by Albemarle County. In 1975 both Lot 12A and 12B were zoned R-3. This zoning district permitted the by -right townhouse use to develop at no more than six (6) dwelling units per acre. The two lots were never legally combined and have remained two (2) legal parcels of record as noted above. It appears that for the site plan approval, the overall density of the six (6) dwellings was calculated to include Lot 12B resulting in an overall density of 4.45 dwelling units per acre, thus under the permitted six (6) dwelling units per acre. Since the two (2) lots were never required to be nor were officially combined, the actual development of the six (6) dwelling units physically on Lot 12A results in a density of 7.75 dwelling units per acre. This results in the current density to be exceeded thus making it nonconforming to the permitted density of the R-2 zoning district. The parcel described as Lot 12A is permitted to maintain the nonconformity of the six (6) dwelling units, subject to Section 6 - Nonconformities of the Zoning Ordinance. The parcel described as Lot 12B is entitled to the R-2 density noted which would permit one (1) dwelling on that lot if all other applicable regulations can be met. If you are aggrieved by all or part of 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. December 7, 2016 LOD-2016-00018 Page 3 of 3 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.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.albemarle.org/cdapps.) If you have any questions, please contact me. Sincerelv. Francis H. MacCall kl� Principal Planner Attachment: Map delineating parcels of record Copy: Travis Morris, Senior Clerk of the Board of Supervisors Sheila Conrad, Real Estate Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources December 7, 2016 LOD2016-00018 LOT 12A & 12B Oak Hill i Legend (Note: Some items on map may not appear in legend) 90A--0B-1-S 405 90 __0B_ ©Fa�RESCUEs 10N a Oll" ®P oFF1E " asM _ Q 9OA-�� M 11H P oPa .k ^� o� 415 9OA--OD-6 0 m I 9OA--0 B-101 417 1203 9OA--OB-12A LOT 12A 9OA--OD-5 774ac 419 9OA--0 B-10 H 1206 LOT 12B 17 ' 568ac v 425 9OA--OD-4 OT 90A--OB-10G 90A--0C-1A 60 ft 1207 .OF AZaF GIS -Web Geographic Data Services 90A1--0C,1.B 9OA--OB-10 F �, www.albemarle.org (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources December 7, 2016