Board of Supervisors Meeting Date:

Raymond E. Graham, Vice-Chairman, Cedar Run District Supervisor


February 18, 2010

Staff Lead:


Cynthia Porter-Johnson, Planner

Community Development


Magisterial District: 


Cedar Run District




A Resolution to Approve the Straight Family Request to Reduce the Ten-Year Sale Restriction for a Family Transfer Lot – Cedar Run District


Topic Description:

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.


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.  Vicinity Map

   2.  Statement of Justification


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