A Resolution to Approve SPEX08-LE-011, a Category 26 Special Exception to allow for a decrease in the amount of non-common open space required

WHEREAS, Licking Run, LLC, owner and applicant, is seeking Category 26 Special Exception approval to reduce the non-common open space from 85% to 44% on PIN 6878-46-1933-000; and

WHEREAS, on March 27, 2008, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception and recommended approval of the application, subject to conditions; and

            WHEREAS, on April 10, 2008, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the applications satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2600; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 10th day of April 2008, That SPEX08-LE-011 be, and is hereby, approved, subject to the following conditions:

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

2.      This Special Exception is granted only for the purpose(s), structure(s) and/or uses indicated on the Special Exception Plat titled ôSpecial Exception Plat, Showing Decrease in Non-Common Open Space for PIN# 6878-46-1933-000 dated January 30, 2008 and received in Community Development on February 4, 2008, approved with the application, as qualified by these development conditions.

3.      The reduction of non-common open space shall be no more than 44% (leaving a ▒15 acre parcel) in order to allow for a boundary line adjustment of twenty-two (22) acres into an adjacent parcel (PIN# 6878-45-2619-000).

4.      The acreage boundary line adjusted into PIN# 6878-45-2619-000 (to create the approximately 61 acre parcel) shall be deed restricted from further subdivision and the required non-common open space easement shall be recorded.

5.      The acreage remaining in PIN#6878-46-1933-000 (approximately 15 acres) shall be deed restricted from further subdivision.


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