Board of Supervisors Meeting Date:


Raymond E. Graham, Chairman, Cedar Run District Supervisor

December 8, 2005


Staff Lead:




Bonnie Bogert, Planner

Community Development


Magisterial District:



Cedar Run





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


Topic Description:


In 2001, the County approved the creation of a 6.0025-acre lot as a family transfer. This lot is located off a private easement that connects to Greenwich Road (Route 603) in the Cedar Run Magisterial District (PIN # 7925-21-2772-000). The attached vicinity map shows the location of this parcel. The lot was conveyed to Cheryl A. Cunningham-Fleming by her parents, Larry Robert 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. and Mrs. Fleming 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 2-39.14 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. and Mrs. Fleming would have held the property for approximately four (4) years.


The Applicant has encountered financial hardship and illness since being granted the lot, and needs to sell the property in order to alleviate that hardship. Attached is the Fleming’s letter requesting the reduction, along with the specific justification. Additional financial documents, outlining their situation in more detail, are available for review under separate cover and these personal financial documents 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.      Applicant’s Letter of Justification

2.      Vicinity Map