Owner/Applicant:                                                      Board of Supervisors Meeting Date:

Ronald L. Harding                                                                  January 21, 2003

Staff Lead:                                                                                 Department:

Chuck A. Floyd                                                              Community Development

Magisterial District:  
Cedar Run                                                                             7920-78-9858-000

Topic:    A Resolution to Waive Zoning Ordinance Section 7-302.1.B to Allow a Private Street That Does Not Connect Directly to a State Maintained Street

Property Location:

The property is located on the south side of Old Devilís Turnpike (private street), south of the Village of Calverton . 

Topic Description:

The applicant is seeking a waiver of Zoning Ordinance Section 7-302.1.B, Limitations, which would allow a subdivision on a private street that does not connect directly to a state maintained street.  As proposed, the new twenty-foot easement would connect to another private street rather than the required direct connection.  The applicant has submitted a family transfer division application to divide a 45.8121-acre parcel into two lots to create a parcel for his father.  As proposed, the family transfer lot would be accessed via a twenty-foot easement from an existing variable width private right-of-way, Old Devilís Turnpike.  Old Devilís Turnpike connects directly to Bristersburg Road (Route 616). 

The property is zoned RA (Rural Agriculture).  It does not have any subdivision potential other than one lot.  The property is located on the south side of Old Devilís Turnpike, south of the Village of Calverton .  Currently, the applicant accesses his property via Old Devilís Turnpike (private street). 

Attachment 1 and 2 provide location maps for the subject parcel in relation to the county and Old Devilís Turnpike.    The proposed family transfer plat located at Attachment 3 illustrates the access to the lots beyond the applicantís property.  The plat does indicate a newer private easement across the applicantís property that provides this access.  The applicant's justification is included as Attachment 4.  Attachment 5 is a previously approved waiver of the private street length limitation.  This length limitation was conditional upon no driveway access onto Old Devilís Turnpike beyond 300-feet of the westernmost property line of parcel 7920-78-9858-000.

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Planning Commission Recommendation:

On January 7, 2003 , the Planning Commission voted to recommend that the Board of Supervisors approve the applicant's request for a waiver of Zoning Ordinance Section 7.302.1.B based on the following findings:

1.      No other access appears to be feasible;

2.      The family transfer would not be permitted without the waiver; and

3.      The traffic impact from the proposed one (1) additional dwelling will be of minimal impact to the existing property owners utilizing Old Devilís Turnpike.

Financial Impact Analysis:

No fiscal impact analysis was required with this request.

Other Departments, Organizations or Individuals affected by this request:

Property owners along Old Devilís Turnpike.

Staff Analysis:

Section 7-302.1.B of the Zoning Ordinance requires that a private street connect directly to a state maintained street.  However, the Board of Supervisors has the authority to modify this limitation provided the applicant can show that:

1.      No other remedy is realistically feasible;

2.    Plausible alternatives have been exhausted;

3.    To not so modify the applicable limitation would place an unreasonable restriction on the use of the property; and

4.    Properties through which access is planned will not be unreasonably affected.

No other access options are available, as the applicantís lot is internal to the development.  Without the requested waiver, the applicant cannot proceed with the proposed family transfer division as the road frontage and access requirements cannot be met. 

Five (5) addressable structures, presumably homes, are located on Old Devilís Turnpike.  The impacts of one (1) additional dwelling or the equivalent of ten (10) vehicles per day would, in staff's opinion, have minimal impact on the existing private street. 


1.    County Wide Vicinity Map

2.     Vicinity Map

3.      Plat

4.      Applicantís Request

5.      Waiver of Private Street Length Limitation of 1000 Feet