Board of Supervisors Meeting Date:


Raymond E. Graham, Chairman, Cedar Run District Supervisor

February 2, 2006


Staff Lead:




Bonnie Bogert, Planner

Community Development


Magisterial District:



Cedar Run





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


Topic Description:


In 2001, the County approved the creation of a 2.24-acre lot as a family transfer. This lot is located off a private easement (Barron Farm Road) that connects to Dumfries Road (Route 605) in the Cedar Run Magisterial District (PIN # 7914-92-4330-000). The attached vicinity map shows the location of this parcel. The lot was conveyed to Donnie and Darlene Curry by their son, Douglas Curry, 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. Curry 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 finds that an extraordinary hardship is caused by the ten-year restriction, it may reduce the time period to alleviate the hardship.” If approved, Mr. and Mrs. Curry would have held the property for approximately five (5) years.


The applicant has stated that they are unable to hold the property for the remainder of the ten (10) years due to medical problems that have arisen with the Curry’s daughter-in-law. They would like to move closer to their other son’s home so that they may provide assistance to their son and his family. The Curry’s letter requesting the reduction, along with the specific justification, and additional medical documents, outlining their situation in more detail, are available for review under separate cover and these personal medical documents are exempt from release under Virginia Code Section 2.2-3705.5(1).




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.      Resolution

2.      Vicinity Map