HomeMy WebLinkAboutLOD200700033 Letter of Determination 2014-03-17 (2)�pF A
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 12, 2007
Brian S. Ray
1717 -IB Allied St
Charlottesville, VA 22903
RE: LOD 2007-00033 OFFICIAL DETERMINATION OF PARCELS AND
DEVELOPMENT RIGHTS -- Tax Map 51, Parcel 24A (Property of THOMAS B
MERRICK IV AND JUDITH MERRICK, DANIEL D MERRICK AND SHARON
MERRICK, W GORDON MERRICK AND SANDRA MERRICK, & RANDOLPH V
MERRICK AND CAROLINE MERRICK) Rivanna Magisterial District
Dear Mr. Ray:
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 51, Parcel 24A is two (2) parcels of record. The basis for this determination
follows:
Our records indicate Tax Map 51, Parcel 24A contains 186.00 acres and zero (0) - '
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 2792, page 263.
This analysis begins with the deed of record in Deed Book 491, page 82 that is dated
July 8, 1971 which conveyed 2 tracts of land totaling 186.00 acres (Tract IA containing
10.00 acres and Tract III containing 176.00 acres) from National Bank and Trust
Company, Executor and Trustee under the will of Althea C. Bland to Margery D.
Merrick. This established the 10.00 acres and the 176.0.0 acres as original parcels
of record. Based on this deed, Tax Map 51, Parcel 24A is determined to be two (2)
parcels of record with five (5) development rights each.
Deed Book 737, page 208, dated April 16, 1982, gifted the 10 acre tract (Tract 1A) and
the 176 acre tract (Tract I11) from Margery D: Merrick and Thomas B. Merrick, III to
Margery D. Merrick and Thomas B. Merrick, III. This transaction had no effect on the
parcels.
Deed Book 753, page 609, dated December 16, 1'982, gifted, the 10 acre tract (Tract IA)
and the 176 acre tract (Tract 111) from Thomas'B. Merrick, III and Margery D. Merrick to
Thomas B. Merrick, III, Trustee for the Merrick Land Trust. This transaction had no
effect on the parcels.
Deed Book 2336, page 391, dated December 10, 2002, .gifted the 10 acre tract (Tract
IA) and the 176 acre tract (Tract 111) from Thomas B. Merrick, IV, Successor Trustee for
the Merrick Land Trust to Thomas B. Merrick, 1V, Daniel D. Merrick, Thomas B.W.
Gordon. Merrick, and Randolph V. Merrick. This transaction had no effect on. the
parcels. `
Deed Book 2792, page 263, dated July 6, 2004, gifted the 10 acre tract (Tract ]A) *and
the 176 acre tract (Tract III) from Thomas Merrick, IV and Judith Merrick, Daniel D.
Merrick and Sharon Merrick, W. Gordon Merrick and Sandra Merrick, and Randolph V.
Merrick and Caroline Merrick to Thomas Merrick, IV and Judith Merrick, Daniel D.
Merrick and Sharon Merrick, W. Gordon Merrick and Sandra Merrick, and Randolph V.
Merrick and Caroline Merrick. This transaction had no effect on the parcels.
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 with which they are associated. These development rights
are theoretical in nature but do' represent the maximum number of lofts containing less
than twenty one acres allowed to be created by right. In addition to the development
right lots, the parcel may create as many smaller parcels containing a minimum of
twenty-one acres as it has land to make.
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.
Sincerely,
//v/�,'�/ / 52-
William D. Fritz, AICP
Cliief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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