HomeMy WebLinkAboutLOD201600023 Action Letter 2017-01-25COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 27, 2016
Joe L. or Cyndra F. Kerley
P. O. Box 7532
Charlottesville, Virginia 22906
RE: ACE LOD2016-00023 - OFFICIAL DETERMINATION OF PARCEL OF RECORD AND
DEVELOPMENT RIGHTS - Tax Map 92, Parcel 58
Dear Mr. Kerley and Ms. Kerley:
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 Tax Map 92, Parcel 58
is one (1) parcel of record with five (5) theoretical development rights. The basis for this
determination follows.
Albemarle County records indicate Tax Map 92, Parcel 58 contains 150.36 acres, is located in
the Scottsville Magisterial District and contains one (1) dwelling and several outbuildings. The
property is zoned RA Rural Areas.
The most recent deed for Tax Map 92, Parcel 58, recorded prior to December 10, 1980, the
date of adoption of the Zoning Ordinance, is recorded in Deed Book 465, Page 390, dated
October 27, 1969.
PRIOR TO DECEMBER 10, 1980
TMP 92 Parcel 58
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
465/390
10/27/1969
N
"...all that certain tract or parcel of land with
148.00
appurtenances thereto belonging,.... containing 148
acres, more or less,..." This deed indicates that this is
the same property conveyed in Deed Book 280, page
135, which deed describes the entire tract of "148
acres, more or less,.." This deed establishes TMP
92-58 as a parcel of record prior to 1980.
December 27 2016
ACE LOD-2016-00023
Page 2 of 3
AFTER DECEMBER 10, 1980
TMP 92 Parcel 58
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
3000/204
6/13/2005
N
"...all that certain tract or parcel of land, with
150.36
improvements thereon and appurtenances
thereto,... containing 150.36 acres, more or less,..."
This deed references a more recent plat in 2005,
resulting in the increased acreage. This deed indicates
that this is the same property conveyed in Deed Book
465, page 390.
3949/303
10/14/2010
N
"...all that certain tract or parcel of land, with
150.36
improvements thereon and appurtenances
thereto,... containing 150.36 acres, more or less,..."
This deed references a more recent plat in 2005,
resulting in the increased acreage. This deed indicates
that this is the same property conveyed in Deed Book
3000, page 204.
3949/306
10/14/2010
N
"...all that certain tract or parcel of land, with
150.36
improvements thereon and appurtenances
thereto... containing 150.36 acres, more or less,..."
This deed references a more recent plat in 2005,
resulting in the increased acreage. This deed indicates
that this is the same property conveyed in the deed
recorded immediately prior to this one, being Deed
Book 3949, page 303.
On the basis of these deeds Tax Map 92, Parcel 58 is one (1) parcel of record with five
(5) theoretical development rights.
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
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.
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.orq/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 Zoning Ordinance. They may be reviewed online at
www.albemarle.orq/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.orq/cdapps.)
December 27 2016
ACE LOD-2016-00023
Page 3 of 3
Sincerely,
Ron . Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Copy: Ches Goodall, ACE Coordinator
Real Estate Tech., Real Estate
Clerk of the Board of Supervisors
Division rights for 21 acre minimum
TM -P Acreage parcels Development rights
92-58 150.36 6 5