Board of Supervisors Meeting Date:


Philip L. Payne, Jr. and Carolyn Payne


April 19, 2004

Staff Lead:



Holly Meade, Planner

Community Development


Magisterial District:








A Resolution to Approve the Request of Philip L. Payne, Jr. and Carolyn Payne to Reduce the Time Requirement of Section 2-39.3(A)(3) of the Fauquier County Subdivision Ordinance to Allow Them to Transfer a Family Transfer Lot to a Non-Immediate Family Member


Topic Description:


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.


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Financial Impact Analysis:

There is no financial impact associated with this request.

Identify any other Departments, Organizations or Individuals that would be affected by this request:





  1. Vicinity Map
  2. Applicant’s Statement of Justification
  3. Resolution of Approval