Board of Supervisors Meeting Date:

Shannon H. and Terri T. Smith

February 14, 2008


Staff Lead:



Cynthia Porter-Johnson, Planner

Community Development


Magisterial District:







A Resolution to Approve a Waiver for a Right-of-Way Less Than Fifty Feet in Width (WAVR08-SC-046) – Scott District


Topic Description:


The owners/applicants are seeking a waiver of Zoning Ordinance Section 7-302.1.A.3, Limitations, which would allow a subdivision on a private street less than 50 feet in width. The applicants are proposing to divide a 26.48 acre parcel into two lots of 15.93 and 10.55 acres.

On May 19, 2005, the owners Shannon and Terri Smith purchased Lot 28 (15.93 acres) in the English Chase Subdivision later to find out that the 15.93-acre parcel was consolidated into an adjoining parcel of 10.55 acres in 1981, creating one legal parcel of record. A determination by the Zoning Administrator indicated that the 15.93 acre lot does not exist as a separate buildable lot under the Zoning and Subdivision regulations of Fauquier County. The Zoning Administrator further opined that the Smiths could create Lots 24A and 28B using the administrative division process. As a result, the owners are seeking to pursue an administrative division to divide the parcels. In order to provide ingress and egress from the Smith’s lot (28B) to the existing Route 717, Chestnut Forks Road, a private street must be provided across the property. Accordingly, the owners of the adjacent property (PIN 6060-37-3858) Architectural Objects, Inc. have agreed to grant the Smiths a fifty-foot (50’) wide private street that will extend to Route 717. However, the easement area for the private street is 50 feet in width for its entire length until the point at which the easement will connect to the state maintained road, Chestnut Forks Road. At this location only, the private street is 15 feet in width. Thus, the Smiths will require a waiver of Zoning Ordinance Section 7-302.1.A.3, which states that the right-of-way must be a minimum of fifty (50) feet in width.

Attachment 1 is the proposed division showing access to the lots. The applicants’ Statement of Justification is included as Attachment 2. Attachment 3 is a buildable lot determination provided by Kim Johnson, Zoning Administrator regarding the subject property.



The property is located on the west side of Rectortown Road (Route 710) and the west side of Chestnut Forks Road (Route 717), Scott District.



Planning Commission Action:


On January 31, 2008, the Planning Commission unanimously recommended approval of the applicant’s waiver of Section 7-302 1.A.(3) of the Zoning Ordinance with the condition that a note be added to the administrative subdivision plat and deed to read: The property may not be further subdivided. The applicant’s representatives agreed to this condition, which is consistent with current ordinances. The Planning Commission staff report is available upon request.


Requested Action of the Board of Supervisors:


Consider adoption of the attached resolution.


1.  Exhibit Plat

2.  Statement of Justification

3.  Buildable Lot Determination

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