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HomeMy WebLinkAboutLOD201700031 Correspondence 2017-11-28COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 28, 2017 Douglas A. Williams 606 Fishing Creek Lane Earlysville, VA 22936 RE: Theoretical Divisions - Parcel ID 03000-00-00-031A0 Dear Mr. Williams: This letter serves to verify your ability to divide the above referenced parcel (the "Property") as allowed by right. Given the Property's current state and the regulations applicable on this date, please be advised of the following: • The Property, as recorded on April 1, 1974 in Deed Book 549, page 74, contains 106.02 acres. • The Property is currently zoned RA, Rural Areas, as described in Section 10 of Chapter 18 of the Albemarle County Code ("Zoning Ordinance"). • It was my official determination in the letter dated November 13, 2017 (hereafter "LOD2017-00031 ") that the Property was one (1) parcel of record with five (5) theoretical development rights. • The following regulations generally apply to divisions into lots of less than 21 acres in the Rural Areas zoning district (hereinafter "Development Right Lots"): o A parcel of record on the date of the adoption of the ordinance may not be divided into an aggregate of more than 5 Development Right Lots, nor shall there be constructed on the parcel of record an aggregate of more than 5 units. o The minimum lot size for a Development Right Lot is 2 acres. o The aggregate acreage devoted to Development Right Lots shall not exceed 31 acres. Generally, any division into lots of 21 acres or more in area (hereinafter "Large Lots") is permitted by right in the Rural Areas zoning district, and there may be located not more than 1 dwelling unit on any Large Lot. These Large Lots do not affect the number of Development Right Lots that can be created. November 28, 2017 Page 2 of 2 Therefore, it is my advisory opinion that a theoretical maximum of nine (9) lots could be divided from the Property: five (5) Development Right Lots and four (4) Large Lots. The below table shows two possible scenarios: one where the sizes of Development Right Lots are minimized, and one where the sizes of Large Lots are minimized. Development Right Large Lots Total Lots Lots Minimizing Size of 5 lots - 2 ac. each 4 lots — 24.005 ac. each g lots Development Right (minimum) (average) Aggregate: Aggregate: Aggregate: Lots 10 acres 96.02 acres 106.02 acres 5 lots — 4.404 ac. each 4 lots — 21 ac. each g lots Minimizing Size of (average) (minimum) Aggregate: Aggregate: Aggregate: Large Lots 22.02 acres 84 acres 106.02 acres These lots can only be created if all other applicable regulations can be met. Please note that 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. As mentioned earlier, this letter serves only to verify your theoretical ability to divide your Property under the provisions available to you by right, given existing conditions and regulations. If you have any questions, please contact me. Sincerely, C�� / "TL Andrew J. Knuppel Planner, Designee to the Zoning Administrator