Board of Supervisors Meeting Date:


Harry F. Atherton, Marshall District Supervisor

January 12, 2006


Staff Lead:




Bonnie Bogert, Planner

Community Development


Magisterial District:








A Resolution to Approve the Van Woerkom Family Request to Reduce the Ten Year Sale Restriction for a Family Transfer Lot


Topic Description:


In 1998, the County approved the creation of a 1.97-acre lot as a family transfer. This lot is located off a private easement (Belle Haven Lane) that connects to Ramey Road (Route 732) in the Marshall Magisterial District (PIN # 6050-50-8069-000). The attached vicinity map shows the location of this parcel. The lot was conveyed to R. Scott and Amy M. Van Woerkom by Mrs. Van Woerkom’s mother, Judith A. Almquist, and the conveyance included the affidavit requiring that the grantee not transfer the property to a non-immediate family member for ten (10) years.


Mr. and Mrs. Van Woerkom are now requesting that the Board of Supervisors reduce the 10-year time requirement of Section 2-39.3.A.3 of the Subdivision Ordinance, so that they will not have to hold the property for ten (10) years before voluntarily transferring the property. Section 2-39.14 of the Subdivision Ordinance states that, “if the Board finds that an extraordinary hardship is caused by the ten-year restriction, it may reduce the time period to alleviate the hardship.” If approved, Mr. and Mrs. Van Woerkom would have held the property for approximately seven (7) years.


The Applicant has stated that they are unable to hold the property for the remainder of the ten (10) years due to Mr. Van Woerkom losing his job and obtaining another position out of state, thus requiring the family to relocate. Attached is the Van Woerkom’s letter requesting the reduction, along with the specific justification.



Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Financial Impact Analysis:


Other Departments, Organizations or Individuals affected by this request:





1.      Applicant’s Letter of Justification

2.      Vicinity Map