Board of Supervisors Meeting Date:

Timothy and Patricia Whitney

April 10, 2008


Staff Lead:


Cynthia Porter-Johnson, Planner

Community Development


Magisterial District: 


Scott District

Service District:
New Baltimore





A Resolution to Approve a Waiver for a Private Street to Connect to a Private Street (WAVR08-SC-053) – Scott District


Topic Description:

The owners/applicants are seeking a waiver of Zoning Ordinance Section 7-302.1.A.2, Limitations, which would allow a subdivision on a private street that does not connect directly to a state maintained road. The property fronts on Chestnut Woods Lane, which is a private road that connects to Riley Road (Route 676). The applicants are proposing to divide a 3.0879 acre parcel into two lots, one family transfer lot of 2.0841 acres and a residue lot of 1.0038 acres. The purpose for the proposed development is to allow the mother of the owners/applicants to move into the existing home and allow the owners/applicants to build a new home on the residual lot. As proposed, the lot would be accessed by a 20 foot wide easement that would connect directly to Chestnut Woods Lane.

The subject property is zoned Residential (R-1). Adjacent properties to the immediate north, south, east and west are zoned Residential (R-1). There is currently one dwelling on the property.


Attachment 1 is the proposed division showing access to the lots. The applicants’ Statement of Justification is included as Attachment 2.  


The property is located on the west side of Riley Road (Route 676), Scott District.  




  Staff Analysis:

Section 7-302.1.A.2 requires a private street to connect directly to a state maintained road. However, the Board of Supervisors has the authority, in conjunction with a subdivision plan, to modify this limitation provided the applicant can show that:

1.  No other remedy is realistically feasible;

2.  Plausible alternatives have been exhausted;

3.  To not modify the applicable limitation would place an unreasonable restriction on the use of

      the property; and

4.  Properties through which access is planned will not be unreasonably affected.

In addition, as per Section 7-302.1.A.2, the Board of Supervisors may consider, as an additional factor in granting such a waiver that the proposed division is a family transfer.

Chestnut Woods Lane is a paved surface and in its current condition can manage the impact of additional vehicle trips per day. Chestnut Woods Lane is the only access point to the property and proposed division. Without the requested waiver, the applicants cannot proceed with the proposed division as the road frontage and access requirements cannot be met. Refer to the attached subdivision plat.

Planning Commission Action:

 On March 27, 2008, the Planning Commission unanimously recommended approval of the Applicant’s waiver of Section 7-302.1.A.2 of the Zoning Ordinance.


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.



1. Exhibit Plat

2. Statement of Justification

Back to Agenda...