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HomeMy WebLinkAboutLOD201700037 Letter of Determination 2018-01-22COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 22, 2018 Ms. Elfie Tatum 7247 Happy Creek Road Gordonsville, VA 22942 RE: LOD2017-00037- OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 03600000003700 Rivanna Magisterial District Dear Ms. Tatum: 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 36, Parcel 37 is comprised of one (1) parcel of record, with three (3) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 03600000003700 contains 122.361 acres and two (2) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 03600000003700, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 508, page 474 and is dated June 9, 1972. PRIOR TO DECEMBER 10, 1980 Parcel ID 03600000003700 Deed Date Parcel Change Description Acres Book / Page Y or N 257/358 7/10/1943 Y Creation of parcel of record. 140 Metes and bounds description with plat by Hugh F. Simms, dated June 1943. 344 / 246 11/10/1958 N "All that certain lot or parcel of land... containing one 140 hundred forty acres (140 a.); more or less, and being all and the same land conveyed... in Deed Book 257, page 358." 508 / 474 6/9/1972 N "All that certain tract or parcel... containing 140 acres, 140 more or less, more particularly described... in Deed Book 257, page 358, and being the same property in all respects which was conveyed... in Deed Book 344, page 246." AFTER DECEMBER 10, 1980 Parcel ID 03600000003700 Deed Date Parcel Change Description Acres Development Book / Page Y or N Rights 806 / 468 7/2/1984 N "All that certain tract or parcel... containing 140 5 140 acres, more or less, more particularly described... in Deed Book 257, page 358; January 22, 2018 LOD-2017-00037 Page 2 of 3 and being the same property in all respects which was conveyed... in Deed Book 508, page 474." 2918 / 173 2/9/2005 Y Boundary Line Adjustment. 130.264 5 "4. The 9.736 acre parcel hereon shown, (-9.736) being a portion of Tax Parcel 36-37 in the name of Charles L. and Elfie Tatum is to be combined with Tax Parcel 36-40 in the name of Michael S. Wheeler and is not to be an individual building parcel. 5. Development rights are not affected by this lat." 3056 / 537 8/4/2005 Y Creation of TMP 36-37A. 122.361 3 "All that certain lot or parcel of land... being (-7.903) a portion of the property conveyed... in Deed Book 806, Page 468." "The Residue of Tax Map 36, Parcel 37 shall retain three (3) Development Rights and may be further divided. If the Residue is further divided total Development Right lots shall not consume more than 23.097 acres." 3071 / 370 9/8/2005 N Deed of Correction for 3056 / 537. 122.361 3 "WHEREAS, by a Deed dated August 4, 2005... which is recorded... as Deed Book 3056, Page 537-539.... The Plat of Survey was inadvertently omitted from the Deed." On the basis of these deeds, Parcel ID 03600000003700 is determined to be one (1) parcel of record containing 122.361 acres+'-, with three (3) development rights. This 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 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. 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. January 22, 2018 LOD-2017-00037 Page 3 of 3 (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, ae_ / "TL - Andrew J. Knuppel Planner, Designee of the Zoning Administrator Attachment: Map delineating parcels of record. Copy: Claudette Borgersen, Clerk of the Board of Supervisors Ches Goodall, ACE Coordinator Tax Map & Parcel Acreage Division Rights for 21 acre minimum parcels Development Rights Dwellings 36-37 122.461 5 3 2 LOD2017-00037 1 Parcels of Record Legend (Note: Some items on map may not appear in legend) 37 -2 E oa Orange Co. ©FP no. o 36-40 e sc oao P �� 37-1 37-2 1 Parcel of Record 36-19A 3 Development Rights 36-37 - 37-2C 36-37A 37-2 D m N ri M 36-31 Aj,OR 37-2A FF�f�O 36-33 0 608 v 36-35 37-5A 36-32 37-5 692 ft 1 OF A(B q4�LQ i OAV GIS-Web �2 IIII r o ,t, Geographic Data Services 36-34 G/Z OVE RO ?—albemarle.org 36-30A (434) 296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources January 16, 2018