HomeMy WebLinkAboutLOD201700009 Letter of Determination 2017-10-26COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 26, 2017
Julie L. Norris
319 W Arch Street
Kill Devil Hills, NC 27948
RE: LOD201700009 - OFFICIAL DETERMINATION OF PARCELS OF RECORD AND DEVELOPMENT
RIGHTS - Tax Map 7, Parcels 60 & 59C.
Dear Ms. Norris:
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 7, Parcel 60 is one (1)
parcel of record, being 23.25 acres in size, with five (5) theoretical development rights and that Tax Map
7, Parcel 59C is one (1) parcel of record, being 11.50 acres in size, with five (5) theoretical development
rights. The basis for this determination follows.
Tax Map 7, Parcel 60
The most recent deed for Tax Map 7, Parcel 60 is recorded in Deed Book 3653, page 24 and is dated
September 15, 2008.
Albemarle County records indicate Tax Map 7, Parcel 60 contains 23.25 acres located in the White Hall
Magisterial District. The property is zoned RA Rural Areas.
PRIOR TO DECEMBER 10, 1980
TMP 7-60
Deed
Book/
Page
Date
Parcel
Change
Y or N
Description
Acres
246/534
4/8/1940
N
"That certain tract or parcel of land, with improvements
23.25
thereon, situated near Boonesville, in Albemarle
County, Virginia, containing 23 % acres." This Deed
establishes the parcel of record that is Tax Map
Parcel 7-60.
251/324
8/19/1941
N
"That certain tract or parcel of land, with improvements
23.25
thereon, situated near Boonesville, in Albemarle
County, Virginia, containing 23 % acres. ... is the same
property which was conveyed... in Deed Book 246,
page 534...... This Deed had no effect on the parcel.
October 26, 2017
LOD-201700009
Page 2 of 3
AFTER DECEMBER 10, 1980
TMP 7-60
Deed
Book/
Page
Date
Parcel
Change
Y or N
Description
Acres
3653/24
9/15/2008
N
"That certain tract or parcel of land..., containing 23 1/4
23.25
acres." This deed describes the conveyance of the rest
of this parcel to you as Executor of the estate of your
mother, Miriam L. Norris, who had inherited the parcel
from her mother, Gracie D. Lever. It is further described
as being the same property conveyed to her and your
father, Pierce D. Lever, by deed dated August 19,
1941, Deed Book 251, page 324. This Deed had no
effect on the parcel.
Tax Map 7, Parcel 59C
The most recent deed for Tax Map 7, Parcel 59C is recorded in Deed Book 3653, page 29 and is dated
September 15, 2008.
Albemarle County records indicate Tax Map 7, Parcel 59C contains 11.50 acres located in the White Hall
Magisterial District. The property is zoned RA Rural Areas.
PRIOR TO DECEMBER 10, 1980
TMP 7-59C
Deed
Date
Parcel
Description
Acres
Book/
Change
Page
Y or N
336/455
12/4/1957
N
a tract of 30 acres, more or less,... save and except
27.00
a tract of 3 acres, more or less, situated on the North
side of said road... "(Nortonsville-Boonesville Road).
This deed establishes the original parcel from
which the 11.50 acres came.
384/3
11/23/1962
Y
This Deed conveyed, from "...Ellis P. Walton and Alma
11.50
V. Walton, his wife,....to R. T. Davis and Carrie E.
Davis, husband and wife... all that certain tract or parcel
of land... containing 11.50 acres... Said tract of land is a
portion of a boundary of land conveyed to Ellis P.
Walton in D. B. 336 page 455, and is a portion of the
30 acre tract of land described in said deed as Parcel
#3." This deed establishes the 11.50 acre tract,
TMP 7-59C, as a parcel of record with five (5)
theoretical development rights.
390/187
6/14/1963
N
This Deed conveyed 11.50 acres from R. T. Davis and
11.50
Carrie E. Davis, husband and wife, to Raymond L.
Norris and Miriam L. Norris, husband and wife, "...all
that certain tract or parcel of land containing 11.50
acres... shown on plat dated November 12, 1962, made
by T. W. Saunders, C.L.S., which plat is attached to
and recorded as a part of... D. B. 384 page3." This
Deed had no effect on the parcel.
October 26, 2017
LOD-201700009
Page 3 of 3
AFTER TO DECEMBER 10, 1980
TMP 7-59C
Deed
Date
Parcel
Description
Acres
Book/
Change
Page
YorN
3653/29
9/15/2008
N
"...all that certain tract or parcel of land containing
11.50
11.50 acres... shown on plat dated November 12,
1962... attached to... Deed Book 384, page 3."
This Deed had no effect on the parcel.
On the basis of these deeds Tax Map 7, Parcel 60 is determined to be a parcel of record containing
five (5) theoretical development rights and Tax Map 7, Parcel 59C is determined to be a parcel of
record containing five (5) theoretical development rights.
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 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 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.ora/cdapps.)
If you have any questions, ple se contact me.
Sincerely,
Ron' . iggins, AIC
Chief of Zoning/Deputy Zoning Administrator
Copy: Sheila L. Conrad, Real Estate Tech, Real Estate
Claudette Borgersen, Clerk of the Board of Supervisors
Attachment: Tax Map
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