CONSENT AGENDA REQUEST

Sponsor:

 Meeting Date:

 

Larry Weeks, Scott District Supervisor

 

January 21, 2003

Staff Lead:

Department:

 

Frederick P.D. Carr

 

Community Development

Topic: A Resolution to Waive a Rezoning Application Fee

 

Fauquier County has been in litigation regarding a subdivision plat and construction plan for the Coles Building Corporation and Ms. Leocade Leighton since 1987.  The subdivision known as Broken Hills Section Five is located near Brookside in Scott District , and the issue dealt, in part, with an illegal platting and an identified grading violation of the Subdivision Ordinance. 

Ms. Leighton has offered to initiate a rezoning application to resolve the lotting issues, with no net gain in subdivision density.  The Department of Community Development and the County Attorney ís Office agree that this approach to resolve the lotting problem has merit, and recommend that the Board of Supervisors waive the rezoning application fee for Ms. Leightonís upcoming submission.  Such a County fee waiver and the applicantís filing represent a good faith effort from both parties to resolve this long standing case, and will be consistent with the Circuit Courtís decree (In Chancery No. 7902; 1987) issued in 1993.

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

 

Financial Impact Analysis:

None required.

 

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

None.

 

RESOLUTION

A RESOLUTION TO WAIVE A REZONING APPLICATION FEE

WHEREAS, Fauquier County has been in litigation regarding a subdivision plat and construction plan for the Coles Building Corporation and Ms. Leocade Leighton since 1987; and

WHEREAS, a County fee waiver of a rezoning application and the applicantís filing represents a good faith effort to resolve this long standing case, and will be consistent with the Circuit Courtís decree (In Chancery No. 7902; 1987) issued in 1993; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 21st day of January 2003, That the required application fee for Ms. Leocade Leightonís upcoming rezoning application regarding the property described as PIN 7905-86-7871, 7905-86-7609 and 7905-86-6501 be, and is hereby, waived; and, be it

RESOLVED FURTHER, That any rezoning application involving the three existing homes will result in no net gain in residential lots, and will result in lots conforming to setback, size, width, yard and other associated Zoning Ordinance requirements.