HomeMy WebLinkAboutLOD201600021 Letter of Determination 2017-02-16U ® 1
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
February 16, 2017
ANN E. EARNHARDT
7935 OLD GREEN MT ROAD
ESMONT VA, 22937
Fax (434) 972-4126
RE: LOD2016-00021 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel IDs 12700-00-00-04000 & 12700-00-00-040FO (Property of
ANN E. EARNHARDT) Samuel Miller Magisterial District
Dear Ms. Earnhardt:
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 12700-00-00-04000 is comprised of one (1) parcel of record with five (5) theoretical
developments rights and Parcel ID 12700-00-00-040FO is comprised of one (1) parcel of record
with one (1) theoretical developments right. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 12700-00-00-04000
contains 173.815 acres and zero (0) dwellings and Parcel ID 12700-00-00-040FO contains 3.00
acres and one (1) dwelling. The properties are zoned RA, Rural Areas.
The most recent deed for Parcel ID 12700-00-00-04000, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance is recorded in Deed Book 661, page 99 dated
December 14, 1978. The most recent deed for Parcel ID 12700-00-00-040F0, recorded prior to
December 10, 1980, the date of adoption of the Zoning Ordinance is recorded in Deed Book 661
page 99 dated December 14, 1978.
PRIOR TO DECEMBER 10, 1980
Parcel ID 12700-00-00-04000 (170 acres)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
643 / 589
01/01/1974
Y
...all that certain tract or parcel of land containing One
170
Hundred Seventy (170) acres, more or less ...being known
as the Alta Vista tract and having a northerly boundary along
the old hedge row bordering lands of Charles E. Hamner Jr.
...and being a portion of the land devised unto Mary B
Hamner in 1962, by will of Charles E. Hamner in WB 41 P
591.
643 / 591
03/09/1978
N
...all that certain tract or parcel of land containing one
170
hundred seventy (170) acres, more or less ...being known
as the Alta Vista tract and having a northerly boundary along
the old hedge row bordering lands of Charles E. Hamner Jr.
... and being a portion of the land devised unto Mary B
Hamner in 1962, by will of Charles E. Hamner in WB 41 P
591.
February 16, 2017
LOD-2016-00021
Page 2 of 4
645 / 193
04/22/1978
N
All that certain tract or parcel of land containing 170 acres,
170
more or less ... being known as the Alta Vista tract and
having a northerly boundary along the old hedge row
bordering lands of Charles E. Hamner Jr. ...Being the same
property conveyed... in DB 643 P 589 and 591.
661 / 99
12/14/1978
Y
All that certain lot or parcel of land... containing 3 acres,
167
more or less, as shown on a plat... dated November 13,
1978, and being a part of a larger tract containing 170 acres,
more or less...... recorded on DB 183 P 11.
AFTER DECEMBER 10, 1980
Parcel ID 12700-00-00-04000 — (173.815 acres)
Deed
Date
Parcel Change
Description
Acres
Developmen
Book / Page
Y or N
t Rights
978 / 139
01/05/1988
N
PARCEL ONE: All that certain tract or
parcel of land ...containing 3.00 acres
more or less, as shown on a plat of
Robert L. Lum, dated November 13, 1978
... in DB 661 P 103.
PARCEL TWO: All that certain tract or
parcel of land ... containing 173.815 acres
more or less, as shown and described as
173.815
5
Tax Map Parcel 127-40 on a plat of Kirk
Hughs & Associates, dated January 25,
1988, ...in DB 978 P 141
1210 / 181
03/05/1992
N
... the following described real estate:
PARCEL ONE: All that certain tract or
parcel of land ...containing 3.00 acres
more or less, as shown on a plat of
Robert L. Lum, dated November 13, 1978
... in DB 661 P 103.
PARCEL TWO: All that certain tract or
parcel of land ... containing 173.815 acres
more or less, as shown and described as
173.815
5
Tax Map Parcel 127-40 on a plat of Kirk
Hughs & Associates, dated January 25,
1988, ...in DB 978 P 141
1463 / 688
04/17/1995
N
All those two certain tracts or parcel of land,
...shown as Tax Map 127 40F containing 3.00
acres, and Tax Map 127 40, containing 173.815
173.815
5
acres and more particularly described and shown
on a plat of survey by Kirk Hughs & Associates,
dated January 25, 1988, ... recorded in DB 978 P
141 and 142.
PRIOR TO DECEMBER 10, 1980
Parcel ID 12700-00-00-040FO (3.00 acres)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
661 / 99
12/14/1978
Y
All that certain lot or parcel of land... containing 3 acres,
3
more or less, as shown on a plat... dated November 13,
1978, and being a part of a larger tract containing 170 acres,
more or less...... recorded on DB 183 P 11.
February 16, 2017
LOD-2016-00021
Page 3 of 4
AFTER DECEMBER 10, 1980
Parcel ID 12700-00-00-040FO (3.00 acres)
Deed
Date
Parcel Change
Description
Acres
Development
Book / Page
Y or N
Rights
978 / 139
01/05/1988
N
PARCEL ONE: All that certain tract or
parcel of land ...containing 3.00 acres
3
1
more or less, as shown on a plat of
Robert L. Lum, dated November 13, 1978
... in DB 661 P 103.
PARCEL TWO: All that certain tract or
parcel of land ...containing 173.815 acres
more or less, as shown and described as
Tax Map Parcel 127-40 on a plat of Kirk
Hughs & Associates, dated January 25,
1988, ...in DB 978 P 141
1210 / 181
03/05/1992
N
... the following described real estate:
PARCEL ONE: All that certain tract or
parcel of land ...containing 3.00 acres
3
1
more or less, as shown on a plat of
Robert L. Lum, dated November 13, 1978
... in DB 661 P 103.
PARCEL TWO: All that certain tract or
parcel of land ...containing 173.815 acres
more or less, as shown and described as
Tax Map Parcel 127-40 on a plat of Kirk
Hughs & Associates, dated January 25,
1988, ...in DB 978 P 141
1463 / 688
04/17/1995
N
All those two certain tracts or parcel of land,
...shown as Tax Map 127 40F containing 3.00
3
1
acres, and Tax Map 127 40, containing 173.815
acres and more particularly described and shown
on a plat of survey by Kirk Hughs & Associates,
dated January 25, 1988, ... recorded in DB 978 P
141 and 142.
On the basis of these deeds
Parcel ID 12700-00-00-04000 is determined to be one (1) parcel of record, comprised of
approximately 173.815 acres+", containing 5 development rights, and
Parcel ID 12700-00-00-040FO is determined to be one (1) parcel of record, comprised of
approximately 3.00 acres+'-, containing 1 development right.
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 un-appealable.
February 16, 2017
LOD-2016-00021
Page 4 of 4
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.
Sincere)
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcels of record
Copy: Travis Morris, Senior Clerk of the Board of Supervisors
Ches Goodall, ACE Coordinator
TM-P
Acreage
Division rights for 21 acre minimum parcels
Development rights
127-40
Approx.173.815+/-
7
5
127-40F
Approx.3+/-
0
1
LOD2016-00021 Earnhardt, Ann
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Geographic Data Services
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February 16, 2017