HomeMy WebLinkAboutLOD201800005 Letter of Determination 2018-05-31COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 31, 2018
Gayle Harvey
198 Spotnap Rd C-5
Charlottesville VA 22911
RE: LOD2018-000005 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS – Parcel ID 03400-00-00-011A0 (Property of
RICHARD C & PATRICIA W BERNE) Rivanna Magisterial District
Dear Ms. Harvey:
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
Parcel ID 03400-00-00-011A0 is comprised of two (2) parcels of record, with six (6) theoretical
development rights. The basis for this determination follows.
The Albemarle County Real Estate Assessment records indicate Parcel ID 03400-00-00-011A0
contains 65.90 acres and zero (0) dwellings.The property is zoned RA, Rural Areas.
The most recent deed for Parcel ID 03400-00-00-011A00,recorded before the December 10,
1980, adoption of the Zoning Ordinance, is found in Deed Book 425, page 193 dated January 10,
1967.
BEFORE DECEMBER 10, 1980
Parcel ID 03400-00-00-011A0 (63.04 acre parcel of record and 2.86 acre parcel of record)
Deed
Book / Page
Date Parcel Change
Y or N
Description Acres
413 / 191 11/23/1965 Y ...all that certain tract or parcel of land… containing 67.07
acres, more or less, and shown and described as Parcel
“A” on plat… dated October 1965, attached hereto and
made part of this deed.
…does hereby GRANT… all right, title, and interest which it
may have unto that tract or parcel of land designated as
parcel “X” on the above noted plat…
67.07
2.86
425 / 193 01/10/1967 N ...all those two certain tracts of land… and shown on the
survey… dated October 1965, attached hereto, and
described as follows:
1. That portion of Parcel A lying west of State Route
640 containing approximately 63.04 acres
2. Parcel “X” containing approximately 2.86 acres.
63.04
2.86
May 31, 2018
LOD-2018-00005
Page 2 of 3
AFTER DECEMBER 10, 1980
Parcel ID 03400-00-00-011A0 – (63.04 acres and 2.86 acres)
Deed
Book / Page
Date Parcel Change
Y or N
Description Acres
There are no deeds after 1980 pertaining to this property.
By these deeds
Parcel ID 03400-00-00-011A0 is determined to be two (2) parcels of record, comprised of
the following:
Approximately 63.04 acres+/-, containing five (5) development rights, and
Approximately 2.86 acres+/-, containing one (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.
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.)
This deed does not describe the two parcels above
totaling 67.07 acres. Deed Book 505 Page 287
describes the transfer of 4.03 acres. This is the
remaining portion of the 67.07 acres after the two
tracts described above were transferred to the
Berne’s. 67.07ac – 63.04ac – 2.86ac = 4.03ac. This
portion appears to have been retained by the
Grantors in DB 425 P 193 and said 4.03ac was
transferred in DB 505 P 287.
May 31, 2018
LOD-2018-00005
Page 3 of 3
If you have any questions, please contact me.
Sincerely,
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcels of record
Copy: Sheila Conrad, Real Estate
Travis Morris, Senior Clerk of the Board of Supervisors
Owner:
RICHARD C & PATRICIA W BERNE
1355 SW POINTVIEW ROAD
KEYSTONE HEIGHTS FL , 32656
Points of Interest
AIRPORT
COLLEGE/UNIVERSITY
COMMUNITY
FIRE/RESCUE STATION
GOVERNMENT
HOSPITAL
LIBRARY
POLICE STATION
POST OFFICE
RECREATION/TOURISM
SCHOOL
Parcel Info
Parcels
LOD2018-00005 Berne
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 30, 2018
GIS-Web
Geographic Data Services
www.albemarle.org
(434) 296-5832
Legend
(Note: Some items on map may not appear in legend)
300 ft
63.04ac
5 DRs
2.86ac
1 DR