HomeMy WebLinkAboutLOD200400046 Legacy Document 2014-03-20COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 I Fax (434) 972-4126
January 7,2005
Misty L. Ralston -Donnelly
2852 Milton Road
Charlottesville, VA 22903
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 93, Parcel 29
(Property of M. L. Ralston) Section 10.3.1
Dear Ms. Ralston -Donnelly:
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 93, Parcel 29 is one parcel of record with five (5) development rights. The
basis for this determination is summarized as follows:
Our records indicate that Tax Map 93, Parcel 29 contains 22.5 acres and two single
family dwellings and one manufactured home. The property is not in an Agricultural -
Forestal District. The most recent deed for this property is recorded in Deed Book 2689,
page 550.
The most recent deed for this parcel recorded prior to the adoption of the zoning
ordinance, December 10, 1980 is recorded in Deed Book 326, page 519 and is dated
July 31, 1956. This deed conveyed 22.5 acres from James H. Michael, Jr., Special
Commissioner to Relia (Aurella) Wood. The property is further described as being
located near the Old Nick Post Office on the Milton Road and as being the same
property as was conveyed by the deed of record in Deed Book 175, page 128. County
real estate records show that this earlier deed conveyed the property as a single parcel.
On the basis of this deed it is determined that this parcel is a lot of record with
five (5) development rights.
Deed Book 1966, page 484, dated October 31, 2000, conveyed 22.5 acres from Henry
Kelly Eppard, Jr., Executor of the Estate of Emily Wood Eppard to Robert J. Donnelly.
The property is described as being the land that was conveved to Relia (Aurella) Wood
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Misty L. Ralston -Donnelly
January 7, 2005
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by the deed of record in Deed Book 326, page 519. This deed had no effect on the
legal status or development rights of the subject parcel.
Deed Book 2005, page 284, dated March 23, 2001, conveyed 22.5 acres from Robert J.
Donnelly to van der Linde Housing, Inc. The property is described as being the land that
was conveyed to Robert J. Donnelly by the deed of record in Deed Book 1966, page
484. This deed had no effect on the legal status or development rights of the
subject parcel.
Deed Book 2452, page 179, dated May 5, 2003, conveyed 22.5 acres from van der
Linde Housing, Inc. to Robert J. Donnelly. The property is described as being the same
land that was conveyed to the Grantor by the deed of record in Deed Book 2005, page
284. This deed had no effect on the legal status or development rights of the
subject parcel.
Deed Book 2475, page 99, dated May 12, 2003, conveyed 22.5 acres from van der:
Linde Housing, Inc. to Robert J. Donnelly. The property is described as being the same
land that was conveyed to the Grantor by the deed of record in Deed Book 2005, page
284. This is a corrected deed of gift that corrected the Grantee's address. This deed
had no effect on the legal status or development rights of the subject parcel.
Deed Book 2689, page 550, dated January 29, 2004, conveyed 22.5 acres from Robert
J. Donnelly to Misty L. Ralston. The property is described as being the same land that
was conveyed to Robert J. Donnelly by the deed of record in Deed Book 2475, page 99.
This deed had no effect on the legal status or development rights of the subject
parcel.
This parcel is entitled to the noted development rights if all other applicable regulations
can be met. 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 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.
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.
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Misty L. Ralston -Donnelly
January 7, 2005
Page 3
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: Gay Carver, Real Estate Department
Reading Files
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