Board of Supervisors Meeting Date:

L & J Property, LLC, Owner/Applicant
Merle W. Fallon, Esquire, Representative

January 11, 2007


Staff Lead:


Elizabeth Cook, Chief of Planning

Community Development


Magisterial District: 






Appeal of the Planning Commission Denial for the Cul-De-Sac Length Waiver Request and Virginia Pines Preliminary Plat (PPLT07-SC-006)


Topic Description:

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.

Requested Action of the Board of Supervisors:

Consider adoption of either the attached Resolution of Denial, or the Resolution for Remandment

Financial Impact Analysis:



Summary Staff Report:

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. 


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Health Department

Adjoining Property Owners


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.

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