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In 2007, the County approved the creation of a 1.79-acre lot
as a family transfer. This lot is located off John Mosby
Highway (Route 50) and Kirk Branch Road (Route 754) in the
Scott Magisterial District (PIN 6083-96-8957-000). The
vicinity map below shows the location of this parcel. The
lot was conveyed to Kurt Evans by his son, Scott Evans, and
the conveyance included the affidavit requiring that the
grantee not transfer the property to a non-immediate family
member for ten (10) years.
Kurt Evans
transferred the property back to his son in December of
2007, and now Mr. Evans is 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 he will
not have to hold the property for ten (10) years before
voluntarily transferring the property. Section
2-39(3)(A)(15) 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. Evans would have held the property for a
little over one (1) year.
Mr. Evans had transferred the property to his father so that
his father could care for an extended family member, but now
the family has encountered financial hardship and illness
since being granted the lot, and needs to sell the property
in order to alleviate that hardship. Additional financial
documents outlining his 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).
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