2024-10-01 Approval of Removal of the McGann Family Subdivision Exemption 15-Year Restriction PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2024-10-01
APPROVING REMOVAL OF THE MCGANN FAMILY SUBDIVISION EXEMPTION
15-YEAR RESTRICTION (GPIN 2409-28-4344)
VIRGINIA: At Pittsylvania County Board of Supervisors' ("Board") Business Meeting
on October 15, 2024, the following Resolution was presented and adopted:
WHEREAS,Virginia Code§ 15.2-2244 allows for the subdivision of a lot for conveyance
to a family member, without having to fulfill the requirements of a localities' Subdivision
Ordinance; and
WHEREAS, Virginia Code § 15.2-2244 requires that the property be owned for at least
fifteen(15)years by the current owner or member of the immediate family,and the property owner
must agree to place a restrictive covenant on the subdivided property that prohibits the transfer of
the property to a nonmember of the immediate family for a period of fifteen (15)years; and
WHEREAS, Virginia Code § 15.2-2244.1 allows a locality to reduce or provide
exemptions to the period of years prescribed in such case, "when changed circumstances so
require;" said reduction must be done in writing and recorded per Virginia Code § 17.1-227; and
WHEREAS,the family subdivision exemption was used to subdivide a parcel for Stewart
and Katherine McGann (now Adkins), and the legally required fifteen (15) year restriction was
placed on the property; and
WHEREAS, in 2023,the parties divorced,requiring that the property be sold to fulfill the
requirements of the Separation Agreement and Divorce Decree; thereby, creating a "changed
circumstance;" and
WHEREAS, according to Virginia Code § 15.2-2244.1, the fifteen (15) year restriction
can only be removed by a locality, and said action must be in writing and recorded in the
accordance with Virginia Code § 17.1-227; and
WHEREAS,the Board unanimously approved the removal of the restriction in the present
case due to the changed circumstance at its September 17, 2024, Board meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board approves the
removal of the fifteen (15) year restriction of the Family Subdivision Exemption for the Stewart
McGann and Katherine McGann (now Katherine Adkins) on the property being GPIN 2409-28-
4344.
Given under my hand this 15t da er, 2024.
ell W. Dalton
Chairman
Pittsylvania County Board of Supervisors
Approved as to Form:
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
Vote
Darrell W. Dalton(Chairman) Yes
Robert M. Tucker, Jr. (Vice-Chairman) Yes
Kenneth L. Bowman • Yes
Timothy W. Dudley Yes
Eddie L. Hite, Jr.. Yes
William V. ("Vic") Ingram Yes
Murray W. Whittle Yes
Ayes 7 Nays 0 Abstentions 0