Board of Supervisors Meeting Date:

R. Holder Trumbo, Jr., Scott District Supervisor

December 11, 2008


Staff Lead:



Bonnie Bogert, Planner II

Community Development


Magisterial District: 






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


Topic Description: 

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).


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:


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