Builders avoid Zoning Laws
By CCitizen
I recently came across an interesting provision within the Loudoun Zoning Ordinances - The Family Subdivision. Specifics of the program can be found at: http://www.loudoun.gov/Default.aspx?tabid=310&fmpath=/Family Subdivisions.
The thought behind this provision, is to allow those property owners that have acreage to subdivide the land (even if it not zoned for smaller parcels) so that the immediate families can build homes on the property and the family can stay together. This is a very family oriented concept. In fact, property owners have to certify that they are not creating such a subdivision to avoid zoning requirements.
Unfortunately, builders/developers are using this to avoid county ordinances and it appears they are being allowed to so while the county turns a blind eye.
A recent example I found in county records goes follows:
1. Husband and Wife (Builders/Developers) on a piece of property.
2. Husband and Wife gift the property to the husband (thus he is now the "new" owner of the property.
3. Husband then immediately divides the lot into 5 additional 3 to 4 acre lots (even though the ordinance states that you must be the owner for at least one year) and gifts the lots to immediate family members.
4. Husband then puts first lot up for sale and begins building a home on the lot.
The husband/builder has effectively taken a 20 acre piece of land that could only be subdivided to two 10 acre parcels by zoning ordinance, and has now created six parcels to develop.
Shame on the builder for certifying that he was not trying to circumvent the ordinance. Shame on the county for letting this happen and not resolving the loophole.
Why is this being permitted? Has anyone questioned the Building and Development Office?
Does it allow the county to collect more taxes and thus it is permitted?
Posted by TELL_ALL
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I have no additional information regarding the county government trying to resolve the issue. Maybe the LTM will get involved and try and get to the bottom of this. So much time and effort has been spent by all regarding zoning issues to have situations like this arise.
Posted by CCitizen
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It seems like there are a lot of whiners out there today. Don't you people have enough things to worry about other than getting into other people's business? If the county wants to solve this, they will.
Posted by Mind_Your_Business
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