Board of Supervisors Meeting Date:


Evelyn H. Wilson, Owner/Applicant

March 9, 2006


Staff Lead:




Bonnie Bogert, Planner

Community Development


Magisterial District:



Cedar Run





A Resolution to Approve a Waiver Allowing a Private Street, Cedar Run District


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. The property fronts on Nina Lane, which is a private road that connects to Balls Mill Road (Route 663). The applicant is proposing to divide a 101.84-acre parcel into two lots: one administrative lot of 5 acres which will contain an existing house and a residue of 96.84 acres. The reason for the proposed development is because the owner/applicant has not been able to obtain a fixed mortgage rate on the larger parcel. As proposed, the lots would be accessed by a 50-foot easement that would connect directly to Nina Lane.


The property is zoned Rural Agriculture (RA), and has the subdivision potential to be divided into six (6) lots. The property is located on the east side of Nina Lane, south of Balls Mill Road, in Midland, Cedar Run District.


The applicant’s justification is included as Attachment 3.  The vicinity map is included as Attachment 1, while Attachment 2 illustrates the access to the proposed lots.


Planning Commission Action:


On January 26, 2006, the Planning Commission recommended approval of the applicant’s waiver of Section 7-302 1.B. of the Zoning Ordinance. The Planning Commission staff report is available upon request.


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Financial Impact Analysis:


Other Departments, Organizations or Individuals affected by this request:





1.      Vicinity Map

2.      Proposed Lot Layout

3.      Statement of Justification