HomeMy WebLinkAboutLOD201700006 Letter of Determination 2017-02-28COUNTY OF ALBEMARLE
Department of Community Development
401 AZcIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
February 28, 2017
Bradley Knight
1021 Simmons Gap Road
Dyke VA, 22935
RE: LOD2017-00006 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 00900-00-00-03000 (Property of RUTH J KNIGHT)
Samuel Miller Magisterial District
Dear Mr. Knight:
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 00900-00-00-03000 is comprised of one (1) parcel of record with two (2) theoretical
development rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 00900-00-00-03000
contains 15.02 acres and one (1) dwelling. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 00900-00-00-03000, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance is recorded in Deed Book 246, page 295 dated May
07, 1940.
PRIOR TO DECEMBER 10, 1980
Parcel ID 00900-00-00-03000 (31 acres)
Deed
Date
Parcel Change
Description
Acres
Book / Pae
Book / Pae
Y or N
Y or N
208/209
04/08/1930
Y
...all that certain tract or parcel of land... described in a
31
...All that certain tract or parcel of land...
survey..., containing 31 acres, more or less, and being a
containing 17 acres, more or less...
portion of the property acquired... by deed dated March 24th
1930 and to be recorded in the current deed book just prior
to this deed. DB 208 P 207.
244/242
09/21/1939
N
...all that certain tract or parcel of land... containing 31
31
acres more or less, ... it being the same tract or parcel of
land which was conveyed... in DB 208 P 209.
246/295
05/07/1940
N
...all that certain tract or parcel of land... containing 31
31
acres, more or less, ...it being the same tract or parcel of
land which was conveyed... in DB 244 P 242.
AFTER DECEMBER 10, 1980
Parcel ID 00900-00-00-03000 (15 acres)
Deed
Date
Parcel Change
Description
Acres
Development
Book / Pae
Y or N
Rights
928/606
01/14/1987
Y
...All that certain tract or parcel of land...
containing 17 acres, more or less...
February 28, 2017
LOD-2017-00006
Page 2 of 3
BEING the same property as was conveyed... in
DB 246 P 295, LESS AND EXCEPT, that certain
tract or parcel of land containing 13.98 acres,
more or less, conveyed... previously in this Deed
of Partition.
The plat recorded with this deed
inaccurately notes the five (5) total
development rights that would have
been assigned to the 31 acre parcel in
DB 246 P 295.
The Note Reads as follows;
17
3
2 DEVELOPMENT RIGHTS REMAIN
WITH THE 17AC. REDIDUE
1 DEVELOPMENT RIGHT TRANSFERS
13.98
2
WITH 13.98AC.
(TMP
9-30A)
In 1986, it appears that the 17 acre
parcel being less than 21 acres was
assumed to have used one (1) of the
five (5) development rights to create a
parcel less than 21 acres. The 13.98
acre parcel also used one (1)
development right along with one (1)
being transferred to it.
Today, when subdividing, the
development rights note will account
for all five (5) development rights. That
said, the 17 acre parcel was actually
allocated three (3) development rights
and the 13.98 acre parcel was allocated
two (2) development rights.
1362/175
09/30/1993
Y
...the following described real estate, to -wit:
All that certain lot or parcel of land... containing
2.00 acres, more or less, as shown on a plat of
survey... a copy of which is attached hereto...
Being part of the same property conveyed... in DB
928 P 606
The attached plat is of 2.00 acres
2
1
noting 15 acres +/- residue and states
(TMP
"ONE (1) DEVELOPMENT RIGHT
9-30B)
REMAINS WITH TAX MAP 9 PARCEL
30. 15AC. RESIDUE". This is incorrect.
According to the determination above
the original 17 acres was assigned
three (3) development rights and when
15
2
the 2 acre parcel was created with this
plat it would have been assigned one
(1) development right thus leaving two
(2) development rights with the 15 acre
residue.
February 28, 2017
LOD-2017-00006
Page 3 of 3
On the basis of these deeds
Parcel ID 00900-00-00-03000 is determined to be one (1) parcel of record, comprised of 15
acres' , containing two (2) development rights.
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 un -appealable.
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.
Sincerel
r
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcel of record
Copy: Travis Morris, Senior Clerk of the Board of Supervisors
Owner:
TMP 9-30
Ruth Knight
1021 Simmons Gap Road
Dyke VA, 22935
Owner:
TMP 9-30A
Adventure Farm LLC
3260 Earlysville Road
Earlysville VA, 22936
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources February 21, 2017
LOD2017-00006 Ruth Knight
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The 13.98 acres is noted here so
as to clarify the Development
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www.albemarle.org
(434) 296-5832
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources February 21, 2017