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.
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.