Sponsor/Applicants:                                                   Board of Supervisors Meeting Date:

Raymond E. Graham, Cedar Run District Supervisor                      November 17, 2003

Staff Lead:                                                                                           Department:

Holly Meade, Planner                                                              Community Development

Magisterial District:                                                                                 Pin:

Cedar Run                                                                                 7925-21-0310-000

Topic: A Resolution to Approve the Request of Dana Drew Cunningham to Reduce the Time Requirement of Section 2-39.3(A)(3) of the Fauquier County Subdivision Ordinance to Allow Him to Transfer a Family Transfer Lot to a Non-Immediate Family Member

Topic Description:

In February 2001, the County approved the creation of a ±5.08 acre lot as a family transfer.  This lot and the residue parcel are located off of Greenwich Road (Route 603) in the Cedar Run Magisterial District (PIN #7925-21-0310-000).  The attached vicinity map shows the location of this parcel.  The lot was conveyed to Dana Drew Cunningham by his parents, Larry Robert Cunningham and Shirley Anne Cunningham, 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. Dana Drew Cunningham 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 he 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. Dana Drew Cunningham would have held the property for approximately two (2) years and eight (8) months. 

Mr. Cunningham is currently experiencing a myriad of hardships while going through a contested divorce.  Attached is a letter from Mr. Cunningham’s attorney 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