December 10, 2004

 

Richard P. Bell IV

333 West Rio Road

Charlottesville, VA 22901

 

RE: OFFICIAL DETERMINATION OF PARCELS- Tax Map 56B, Parcel 32 (Property of Shirley L. Hathaway and Charles F. Leake III) Section 3.1 Definition of Lot of Record

 

Dear Mr. Bell:

 

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 56B, Parcel 32 is comprised of five separate parcels. These parcels are designated as Lot B, Lot 33, Lot 34, Lot 36B and Lot 40B on a boundary survey by Roger W. Ray and Assoc., dated March 5, 2004. The basis for this determination is provided below.

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Our records indicate Tax Map 56B, Parcel 32 is zoned Residential- R2 and contains 1.765 acres and one dwelling. The most recent deed for this property is recorded in Deed Book 406, page 200. 

 

Lots B, 33 and 34

 

Deed Book 333, page 366, dated July 2, 1957, conveyed two lots from W. Homer Ballard and Virginia S. Ballard to Charles F. Leake and Maxine J. Leake. The lots are described as Lot 32, containing 20,220 square feet  and Lot 33 containing 20,640 square feet, both shown on a plat by John W. McNair, Jr. that is attached to the deed. This deed was recorded prior to the recordation of the Laurel Hills subdivision plat. On the basis of this plat, Lot 33, as shown on Roger W. Ray’s plat is determined to be a separate parcel of record.

 

Deed Book 334, page 195 contains a plat of the Laurel Hill Subdivision. The plat shows Lot 32, containing 20,220 square feet, Lot 33 containing 20,640 square feet and Lot 34, containing 20,000 square feet, Lot 36, containing 27,500 square feet and Lot 40, containing 30,530 square feet. On the basis of this plat, Lot 34, as shown on Roger W. Ray’s plat is determined to be a separate parcel of record.

 

Deed Book 406, page 200, dated March 25, 1965, conveyed Lot 30 and a portion of Lot 31 of the Laurel Hills Subdivision from Charles F. Leake and Maxine J. Leake to Andre A. Nougaret and Lillian G. Nougaret. The Leakes retained a 30.4-foot wide strip of Lot 31, estimated to contain 5,979 square feet, that was added to Lot 32. The redivision of Lots 30, 31 and 32 is shown on a plat by O. R. Randolph, dated January 8, 1965. This reconfigured lot, comprised of Lot 32 and the strip from Lot 31, is designated as Lot B on Roger W. Ray’s boundary survey. On the basis of this plat, Lot B, comprised of the original Lot 32 plus the 5,979 square foot portion of Lot 31, estimated to contain approximately 26,199 square feet, is determined to be a lot of record.

 

Lots 36B and 40B

 

Deed Book 359, page 524, dated June 15, 1960, conveyed three lots from Williston L. Clover and Beverly H. Clover to Charles F. Leake and Maxine J. Leake. The lots are depicted on a plat by A. R. Sweet showing the division of Lots 36 and 40 of Laurel Hills. The Laurel Hill subdivision plat is recorded in Deed Book 334, page 195. Parcel 36B, containing 5,882 square feet, was divided from Lot 36. Parcel 40B, containing 4,154 square feet was divided from Parcel 40. On the basis of the A. R. Sweet plat, Parcel 36B and Parcel 40B are determined to be lots of record.

 

Nonconforming issues:

 

With the exception of Lot B these parcels are nonconforming because they contain less than 21,780 square feet. These lots may be divided, combined with any other lot, or have one or more of their boundary lines adjusted, in accord with Sections 6.4 C.1 & 2. That section contains the following provisions:

 

1. The resulting lot or lots comply with the requirements applicable to the district

in which the lot is located and all other applicable requirements of the Albemarle County Code; or

 

2. In the opinion of the zoning administrator, the resulting lot or lots more

substantially conform to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk regulations applicable to the district in which the lot is located, and comply with all other applicable requirements of the Albemarle County Code.

 

The dwelling that was constructed on this property in 1958 is on the property line between Lot B and Lot 32 as shown on Roger Ray’s boundary survey. This line can be adjusted in accord with Sections 6.4 C.1 & 2.

 

Dwellings may be constructed on these parcels containing less than 21, 780 square feet if all other regulations are met.

 

If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia.  If you do not file a timely appeal, this determination shall be final and unappealable.  An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal.  An appeal application must be completed and filed along with the fee of $120.00.  The date notice of this determination was given is the same as the date of this letter.

 

If you have any questions, please contact me.

 

Sincerely,

 

 

John Shepherd

Manager of Zoning Administration

 

Enclosed: Boundary Survey By Roger W. Ray & Assoc., Inc. dated March 5, 2004

 

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