Board of Supervisors Meeting Date:


William G. Downey, Scott District Supervisor

February 2, 2006


Staff Lead:




Bonnie Bogert, Planner

Community Development


Magisterial District:








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


Topic Description:


In 1998, the County approved the creation of a 2.39-acre lot as a family transfer. This lot is located off a private easement (Sherry Lynn Drive) that connects to Jeffries Lane which connects to Kelly Road (Route 675) in the Scott Magisterial District (PIN # 7905-49-7790-000). The attached vicinity map shows the location of this parcel. The lot was conveyed to Roland and Roxanne Owens by Mrs. Owens’ mother, Ann Jeffries, 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. Owens 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. Owens would have held the property for approximately eight (8) years. A similar request was made in 2002 by Mr. and Mrs. Owens and the Board of Supervisors indefinitely postponed consideration of this request.


The applicant has stated that they are unable to hold the property for the remainder of the ten (10) years due to the strain placed on the family by commuting to jobs in Fairfax County as well as other family issues. Attached is Mr. Owens’ letter requesting the reduction, along with specific justification as well as a letter from Mr. Owens’ employer.




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.      Applicant’s Letter of Justification

2.      Letter from Mr. Owens’ Employer

3.      Vicinity Map