Board of Supervisors Meeting Date:

William G. Downey, Scott District Supervisor

September 14, 2006


Staff Lead:



Bonnie Bogert, Planner

Community Development


Magisterial District: Scott



Service District: New Baltimore




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


Topic Description:

In 2003, the County approved the creation of a 1.0-acre lot as a family transfer. This lot is located off a private easement that connects to Broad Run Church Road (Route 600) in the Scott Magisterial District (PIN # 7916-02-8977-000). The attached vicinity map shows the location of this parcel. The lot was conveyed to Russell and Lisa Culver by Mr. Culver’s parents, Russell and Mary Ellen Culver, 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. Culver 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 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, Mr. and Mrs. Culver would have held the property for approximately three (3) years.

The applicant has not been able to build a house on the lot because public sewer has not yet been made available to their property, although construction was estimated to be completed in September 2003. The Culver’s have stated that they were unable to get a drainfield site located on their property as well. Mr. and Mrs. Culver have since moved away from the area, and would like to sell this property because it is too costly to maintain. Attached is the Culver’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.      Correspondence from Fauquier County Water & Sanitation Authority

3.      Vicinity Map

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