RESOLUTION 

A RESOLUTION TO APPROVE SPEX04-MA-010 A CATEGORY 26 SPECIAL EXCEPTION FOR A REDUCTION IN NON-COMMON OPEN SPACE

OWNER/APPLICANT JAMES R. GREEN, JR.

 

            WHEREAS, James R. Green, Jr., owner of the property identified by PIN 6031-14-6213-000, has requested a Category 26 Special Exception to reduce the required non-common open space in an RA zone pursuant to Article 3-326, 5-2600 and 5-2601 of the Zoning Ordinance; and

 

WHEREAS, the requested Special Exception is preparatory to a single division of this property; and

 

WHEREAS, the property owners agree to no further division of either parcel created by the proposed single division; and    

            WHEREAS, on December 20, 2003, the Fauquier County Planning Commission held a public hearing and considered oral and written testimony; and

WHEREAS, on December 18, 2003, the Planning Commission voted unanimously to forward Special Exception SPEX04-MA-010 to the Board of Supervisors with a recommendation of conditioned approval; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 20th day of January 2004, That Special Exception SPEX04-MA-010, James R. Green, Jr., Applicant, be, and is hereby, approved, subject to the following conditions:

1.      This Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.

 

  1. This Special Exception is granted only for the purpose(s), structure(s), and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.

 

  1. A deed of non-common open space shall be recorded on the 25.46 acre residue parcel prior to Final Subdivision approval of Lot 3.  The applicant agrees to not construct a residential dwelling that requires crossing the floodplain for access or construction.

 

  1. A note should be added to the plat indicating that all lots shall access from a single point of entry within the 50 foot ingress/egress easement shown on the Special Exception Plat.

 

  1. The Boundary Line Adjustments shall be recorded prior to Final Subdivision approval of Lot 3. 

 

  1. Once Lot 3 has been subdivided and recorded, no further subdivision shall be permitted on PIN# 6031-14-7251-000 or any lots created from PIN# 6031-14-7251-000.

 

  1. The applicant agrees that proposed Lot 3 shall be conveyed to Habitat for Humanity or other affordable housing entity acceptable to the County.  No building permit shall be issued for Lot 3 until that conveyance has been completed.  If Lot 3 is not conveyed for affordable housing purposes, the lot area shall be vacated within five (5) years of the date of this Special Exception.