HomeMy WebLinkAboutLOD201700033 Letter of Determination 2017-12-15COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 15, 2017
Brian S. Ray
663 Berkmar Court
Charlottesville, VA 22901
RE: LOD2017-00033 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS — Parcel ID 08600000001400 (Property of Steven and Alicia K.
Morales) Samuel Miller Magisterial District
Dear Mr. Ray:
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 86, Parcel 14
is comprised of two (2) parcels of record, each with five (5) theoretical development rights. The
basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 08600000001400
contains 136.56 acres and two (2) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 08600000001400, recorded prior to December 10, 1980,
the date of adoption of the Zoning Ordinance, is recorded in Deed Book 539, page 229 and is
dated October 15, 1973.
PRIOR TO DECEMBER 10, 1980
Parcel ID 08600000001400 — parcel "Pugh" historically reported as TMP 86-14
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
63 / 126
5/25/1869
Y
Creation of parcel of record "Pugh".
100
"... a certain tract or parcel of land... to contain one
hundred acres more or less and bounded by the
Scottsville Turnpike Road and the lands of Edward
Sutherland...".
151 / 90
1/1/1912
Y
Creation of "Gillock" parcel from "Pugh".
89.5
"...the said Nannie Pugh and Nora N. Pugh, hereby
grant, bargain, sell and convey unto the said W.C.
Gillock, with general warranty of title, that certain tract of
land... said tract being a portion of the land of which
Nelson Pugh died seised [sic] and possessed."
243 / 255
4/7/1939
N
VA Dept. of Highways right-of-way conveyance,
89.5
clarification of title.
"...by and between Nan Pugh (single) and Nora Pugh
(single).....'
WB 39 /
10/27/1953
N
Will of Nannie J. Pugh.
89.5
298
Interest in parcel devised to Nora Nelson Pugh.
WB 41 /
10/31/1960
N
Will of Nora Nelson Pugh.
89.5
235
Parcel devised to Jennie Gillock and Martha Gillock.
December 15, 2017
LOD-2017-00033
Page 2 of 4
WB 43 /
260
08/16/1966
N
Will of Jennie Gillock.
Interest in arcel devised to Martha E. Gillock.
89.5
539 / 229
10/15/1973
N
"All that certain tract of parcel of land... containing
89.5
approximately 89-1/2 acres... was devised to Jennie
Gillock and Martha Gillock by the terms of the will and
codicil of Nora Pugh, dated April 26, 1929 and October
24, 1953, respectively, of record in... Will Book 41 page
235".
PRIOR TO DECEMBER 10, 1980
Parcel ID 08600000001400 — parcel "Gillock" historically reported as TMP 86-15
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
151 / 90
1/1/1912
Y
Creation of parcel of record "Gillock".
10
"...the said Nannie Pugh and Nora N. Pugh, hereby
grant, bargain, sell and convey unto the said W.C.
Gillock, with general warranty of title, that certain tract of
land... said tract being a portion of the land of which
Nelson Pugh died seised andpossessed."
243 / 247
04/07/1939
N
VA Dept. of Highways right-of-way conveyance,
10
clarification of title.
"... by and between Mary Gillock (single); Jennie Gillock
(single); Martha Gillock (single) (sole heirs of W.C.
Gillock)... "
WB 43 /
08/16/1966
N
Will of Jennie Gillock.
10
260
Interest in arcel devised to Martha E. Gillock.
539 / 229
10/15/1973
N
"All that certain tract of parcel of land... containing
10
approximately 10 acres... The 10 acre parcel passed to
Mary Gillock, Jennie Gillock and Martha Gillock as the
only heirs of William C. Gillock who died intestate in
1935. Mary Gillock subsequently died intestate leaving as
her only heirs, her sisters Jennie and Martha Gillock.
Jennie Gillock died intestate August 5, 1966 and by her
will of record... in Will Book 43 page 260 devised her
interest in said property to Martha E. Gillock".
AFTER DECEMBER 10, 1980
Parcel ID 08600000001400 — parcel "Pugh" & parcel "Gillock"
Deed
Date
Parcel Change
Description
Acres
Development
Book / Page
Y or N
Rights
1285 / 490
12/18/1992
N
"All those two certain tracts... containing in
89.5/10
5/5
the aggregate 99'/ acres, more or less.
Said property is composed of two parcels,
one containing approximately 89'/ acres
and the other containing 10 acres... the
same as that conveyed... in Deed Book
539, page 229."
1497 / 65
09/21/1995
N
"All those two certain tracts... being the
89.5/10
5/5
same property conveyed... in Deed Book
1285, a e 490."
1863 / 712
09/20/1999
N
"All those two certain tracts... being the
89.5/10
5/5
same property conveyed... in Deed Book
1497, a e 65."
1907 / 315
04/03/2000
N
"Parcel 1: All those two certain tracts...
89.5/10
5/5
being the same property conveyed... in
Deed Book 1863, page 712;"
December 15, 2017
LOD-2017-00033
Page 3 of 4
2683/328
01/29/2004
N
Recordation of Plat.
"The attached plat... made by Thomas D.
Blue... dated October 15, 1973... being the
same land conveyed... in Deed Book
1063 [sic], page 712..."
Should be Deed Book 1863.
136.56*
5/5
3067 / 689
08/25/2005
N
Correction of Deed dated 04/03/2000
136.56*
5/5
(D.B. 1907 / 315).
"PARCEL ONE: All that certain tract or
parcel of land... containing 136.56 acres,
more or less, shown as Tax Map 86-14 and
Tax Map 86-15, on a plat by Thomas D.
Blue, Certified Land Surveyor, dated
October 15, 1973, and recorded... in Deed
Book 2683, page 328."
4808 / 65
08/29/2016
N
"PARCEL ONE: All that certain tract or
136.56*
5/5
parcel of land... recorded... in Deed Book
2683, page 328.... BEING the same
property conveyed... in Deed Book 3067,
page 689."
*Adjusted aggregate acreage per plat recorded in Deed Book 2683, page 328.
On the basis of these deeds, Parcel ID 08600000001400 is determined to be two (2)
parcels of record;
One, above referenced as "Pugh" and historically reported as Tax Map 86, Parcel 14,
containing 126.56 acres", with five (5) development rights; and
One, above referenced as "Gillock" and historically reported as Tax Map 86, Parcel 15
containing 10 acres+'-, with a maximum of five (5) development rights.
The "Gillock" parcel, per its metes and bounds description recorded in Deed Book 151,
page 90 and approximated on the plat by Thomas D. Blue dated October 15, 1973 and
recorded in Deed Book 2683, page 328, is assumed to contain 10 acres" for the
purposes of this determination. If a survey is completed and a new acreage below 10
acres is identified, then the parcel shall be entitled to the number of development rights
corresponding to the maximum number of lots that can be created from the acreage
under the minimum by -right lot size of two (2) acres. If a survey is completed and a new
acreage above 10 acres is identified, then the parcel shall be entitled to five (5)
development rights.
These 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.
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 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 § 34.3 of the Zoning Ordinance, along with a
fee of $258 plus the actual cost of advertising the appeal for public hearing.
December 15, 2017
LOD-2017-00033
Page 4 of 4
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 Zoning Ordinance. 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.
Sincerely,
S
/ "�L
Andrew J. Knuppel
Planner, Designee of the Zoning Administrator
Attachments: Annotated plat delineating parcels of record.
Copy: Claudette Borgersen, Clerk of the Board of Supervisors
Owner: TMP 86-14
Steven & Alicia K. Morales
2100 Drovers Lane
North Garden, VA 22959