A RESOLUTION TO APPROVE A Category 29 Special Exception

SPEX04-SC-013 to Waive the Public Street Requirement in a Residential Zone AND TO APPROVE THE COMPANION PRELIMINARY PLAT PPLT04-SC-005


WHEREAS, John T. and Ruth W. Hopkins, owners of the property identified by PIN 7906-61-6519-000, have requested a Category 29 Special Exception to allow a waiver of the public street requirement in a residential zone; and


            WHEREAS, the requested Special Exception is preparatory to a single division of this property; and

WHEREAS, on January 29, 2004, the Fauquier County Planning Commission held a public hearing and considered oral and written testimony; and

WHEREAS, on February 19, 2004, the Planning Commission voted unanimously to forward Special Exception SPEX04-SC-013 to the Board of Supervisors with a recommendation of conditioned approval; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 15th day of March 2004, That Special Exception SPEX04-SC-013, John T and Ruth W. Hopkins, Applicants, be, and is hereby, approved, subject to the following conditions:


1.      This Special Exception is granted for and runs with the land indicated in this application and is not transferable to other land.


  1. This Special Exception is granted only for the purpose(s), structure(s), and/or uses indicated on the Special Exception Plat approved with the application, as qualified by these development conditions.


  1. The entrance shall be designed in accordance with the Virginia Department of Transportation standards.


  1. Only three (3) properties, the two (2) created by the Preliminary Plat and PIN 7906-62-5077-000, shall use Bainbridge Lane for ingress/egress.


  1. Homeowner’s association documents demonstrating that adequate provisions have been made to provide for the continuous maintenance and repair of the private street shall be required prior to Final Plat approval.


  1. All work and requirements associated with this Special Exception shall be completed within two (2) years of Final Plat approval, or the Special Exception becomes null and void.


  1. No other subdivision of PIN 7906-61-6519-000 is allowed.  Only the two (2) lots created by the companion Preliminary Plat are permitted.  If the subject parcel is subdivided beyond the two (2) allowable lots, Bainbridge Lane (Private Street) shall have to become a Virginia Department of Transportation (VDOT) public street.  The Applicant shall be responsible for all improvements deemed necessary by VDOT; and, be it


RESOLVED FURTHER, That the Board of Supervisors does hereby confirm the Fauquier County Planning Commission’s approval of the Hopkins Preliminary Plat PPLT04-SC-005.