Board of Supervisors Meeting Date:

Chester W. Stribling, Chairman
Lee District Supervisor


September 11, 2008

Staff Lead:


Cynthia Porter-Johnson, Planner


Community Development

Magisterial District: 


Lee District




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


Topic Description: 

In March of 2005, the County approved the creation of a 6.1743-acre lot as a family transfer. This lot is located off a private easement that connects to Courtneys Corner Road (Route 637) in the Lee Magisterial District (PIN # 7806-54-6604-000). The attached vicinity map shows the location of this parcel. The lot was conveyed to Shirley Sue Rasnick by her daughter and son-in-law, David and Sheila Childress, 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 May of 2005, the property was conveyed to David and Sheila Childress by Shirley Sue Rasnick.

David and Sheila Childress 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. Childress would have held the property for three (3) years.

The Applicants have encountered financial hardship due to a decrease in demand for Mr. Childress’ business. The Childress’ can no longer sustain the financial impacts and need to sell the property in order to alleviate that hardship. The Childress’ letter (provided under separate cover) requests the reduction, along with the specific justification. Additional financial documents, outlining their situation in more detail, are included under separate cover and are exempt from release under Virginia Code Section 2.2-3705.A.2, 4 and 5.


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

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