AGENDA REQUEST
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Owners/Applicants:
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Board of Supervisors Meeting Date:
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L & J Property, LLC,
Owner/Applicant
Merle W. Fallon, Esquire,
Representative |
January 11, 2007
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Staff Lead:
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Department: |
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Elizabeth Cook, Chief of Planning |
Community Development
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Magisterial District: |
PIN: |
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Scott
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7012-73-5993-000 |
Topic:
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Appeal of
the Planning Commission Denial for the Cul-De-Sac Length
Waiver Request and Virginia Pines Preliminary Plat
(PPLT07-SC-006)
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Topic
Description:
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On behalf
of L&J Property, LLC, Merle Fallon, Esq., has submitted an
appeal to the Board of Supervisors Letter of Appeal,
pursuant to Fauquier County Zoning Ordinance § 2-406(6), of
the Planning Commission’s denial of PPLT07-SC-006 and
WVRP07-SC-003. This provision allows any person aggrieved
“by a decision of the Commission with respect to a cluster
subdivision” to file an appeal with the Board of Supervisors
within 30 days of that decision. The property is located in
the Scott Magisterial District.
After
listening to the applicant’s appeal, the Board of
Supervisors has two options. It can uphold the denial or
reverse the decision and remand it back to the Planning
Commission. |
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Requested Action of the Board of Supervisors: |
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Consider adoption of either the attached Resolution of
Denial, or the Resolution for Remandment |
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Financial Impact Analysis: |
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None
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Summary
Staff Report: |
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Refer to the
Planning Commission Staff Report (Dated: November 30, 2006)
for technical details and site location; attached to the
report are the minutes summarizing the motion and reasons
for denying the preliminary subdivision and the cul-de-sac
waiver requests.
It also is
noted that the Planning Commission had reviewed this
application in September 2006, included a subsequent site
visit, and also requested and received alternative lot
locations due to the length of the proposed cul-de-sac.
However, the applicant had not pursued the latter alternates
and in its response letter under Item # 6 and stated that
the “….alternative layouts requested by the Planning
Commission are entirely composed of steep slopes, erodible
soils, rock outcroppings and floodplain as well and
therefore cannot meet this condition.” This Planning
Commission condition required the applicant to revise the
lot layout to include rock outcroppings, steep slopes and
the highly erodible soils in the non-common open space lot.
The Soil Scientist has noted that the alternative and
general lot layouts were located in areas shallow to bedrock
and not having the most suitable soil conditions for house
construction; plus, alternative drainfield systems were more
likely to be required in lieu of the conventional drainfield
packages.
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Identify any other Departments, Organizations or
Individuals that would be affected by this request:
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Health Department
Adjoining Property Owners
ATTACHMENTS:
1.
Letter of Appeal (dated December 20, 2006)
2.
Resolution of Denial
3.
Resolution of Remandment
4.
Planning Commission Staff Report (November 30, 2006)
5.
Cul-de-sac Length Waiver Chart
6.
Preliminary Subdivision Application *
7.
Preliminary Subdivision Plat *
8.
Map of Soils on Property *
9.
Letter from Merle W. Fallon
* Unavailable in electronic format. |