|
In October of 2002, the County approved the creation of a
5.0181-acre lot as a family transfer. This lot is located
off a private easement (Della Street) that connects to James
Madison Highway (Route 29) in the Cedar Run Magisterial
District (PIN #6981-16-2773-000). The attached vicinity map
shows the location of this parcel. The lot was conveyed to
Justin Paul Straight by Michael and Terry Straight, and the
conveyance included the affidavit requiring that the grantee
not transfer the property to a non-immediate family member
for ten (10) years. In June of 2007, the property was
conveyed to Justin Paul Straight and Kathleen Walsh
Straight.
Justin and Kathleen Straight 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
2-39.3A.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. and
Mrs. Straight would have held the property for seven (7)
years.
The applicants have encountered financial hardship and can
no longer sustain the financial impacts. Mr. and Mrs.
Straight need to sell the property in order to alleviate
that hardship. The Straight’s letter requests the reduction,
along with the specific justification.
|