In October 2002, the County approved the creation of a
±5.4034 acre lot as a family transfer. This lot and the
residue parcel are located off Georgetown Road (Route 674)
on Pond Mountain Road in the Scott Magisterial District
(PIN #7907-23-6947-000). The attached vicinity map shows
the parcel’s location. The lot was conveyed to Philip L.
Payne, Jr. and Carolyn Payne by his parents, Philip Payne
and Barbara Payne, 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. Payne are now requesting that the Board of
Supervisors reduce the ten (10) year time requirement of
Section 2-39.3.A.3 of the Subdivision Ordinance, before
voluntarily transferring the property. Section 2-39.14 of
the Subdivision Ordinance states that, if the Board of
Supervisors finds that an extraordinary hardship is caused
by the ten (10) year restriction, it may reduce the time
period to alleviate the hardship. If approved, Philip L.
Payne, Jr. and Carolyn Payne would have held the property
for approximately one (1) year and five (5) months.
Mr. and Mrs. Payne are small business owners and are
anticipating financial difficulties, due in part to a
significant decrease in their income from 2002 to 2003. The
Paynes have stated simply that they do not have enough
income to cover their expenses. Attachment 1 is a letter
from Mrs. Payne requesting the reduction along with her
statement of justification. Additional financial documents,
outlining their situation in more detail, are available for
review under separate cover and these personal financial
documents are exempt from release under Virginia Code
Section 2.2-3705.A.2, 4 and 5.
The Board of Supervisors has approved approximately eight
(8) waivers of this type. In the past, extraordinary
hardships caused by the ten (10) year restriction have
ranged from job transfers out-of-state, military duty, and
severe financial hardship due to death, illness or divorce.