Sponsor/Applicants:                                                 Board of Supervisors Meeting Date:

Raymond Graham, Cedar Run District Supervisor                    September 15, 2003

Staff Lead:                                                                                    Department:

Charles A. Floyd                                                                Community Development

Magisterial District:                                                                               PIN:

Cedar Run                                                                               7921-70-5067-000


A Resolution to Approve the Request of C. Milton Harding and Ronald Harding to Reduce the Time Requirement of Section 2-39.3(A)(3) of the Fauquier County Subdivision Ordinance to Allow Them to Transfer a Family Transfer Lot to a Non-Immediate Family Member

Topic Description:

In 2003, the County approved the creation of a ±2.0-acre lot as a family transfer.  This lot and the residue parcel are located off of Old Devils Turnpike (private street) in the Cedar Run Magisterial District (PIN #7921-70-5067-000).  The attached vicinity map shows the location of this parcel.  The lot was conveyed to C. Milton Harding by his son, Ronald Harding, 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. C. Milton Harding is 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 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. C. Milton Harding would have held the property for approximately eight (8) months. 

The Applicant is proposing to boundary adjust the ±2.00 acre lot into the adjoining residue parcel making to create a new parcel of ±45.8 acres.  The ±2.00-acre lot cannot be accessed via the twenty (20) foot easement as planned by Mr. C. Milton Harding; therefore; it cannot be developed as planned.  Attached is Mr. Ronald Harding’s letter requesting the reduction, along with the specific justification.

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Financial Impact Analysis:

No fiscal impact analysis was required with this request.

Other Departments, Organizations or Individuals affected by this request:



1.      A Resolution of Approval

2.      Applicant’s Letter

3.     Vicinity Map