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On March 30, 2006, the Planning Commission
recommended approval of the applicants’ request for a waiver
of Section 7-302 1.B. of the Zoning Ordinance, subject to
conditions. The proposed conditions are reflected in the
resolution of approval. The Planning Commission staff report
is available upon request.
Staff Analysis:
Section 7-302 1.B. of the Zoning Ordinance requires that a
private street connect directly to a state maintained
street. However, the Board of Supervisors has the authority,
in conjunction with a subdivision plan, to modify this
limitation provided the applicant can show that:
- No
other remedy is realistically feasible;
-
Plausible alternatives have been exhausted;
- To not
modify the applicable limitation would place an
unreasonable restriction on the use of the property; and
-
Properties through which access is planned will not be
unreasonably affected.
No other access options are available, as the
applicants’ lot is internal to the development. 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.
Fourteen (14) addressable structures,
presumably homes, are currently located on the
non-maintained portion of South Pines Road. The impact of a
maximum of one (1) additional dwelling or the equivalent of
ten (10) vehicles per day would, in staff’s opinion, have
minimal impact on the existing private street.
Another property located on South Pines Road
has been the subject of a recent waiver request. Nabil and
Nahida Barbari own a parcel on South Pines Road, which is
located approximately 113 feet from the end of State
Maintenance. On October 27, 2005, the Planning Commission
made a recommendation of approval of this same type of
waiver subject to conditions that would require the
owner/applicant to construct a portion of South Pines Road
to VDOT standards. The Board of Supervisors subsequently
approved this waiver with the recommended conditions on
December 8, 2005.
Staff would like to note that several of the
properties on South Pines Road located beyond the point of
state maintenance but prior to the Cackowski property may
have the potential to be subdivided into a maximum of two
(2) lots, which will require this same type of waiver to be
requested with each subdivision application.
The Transportation Committee has received a
request to add a portion of South Pines Road to the state
system as a Rural Addition. However, the County is no longer
eligible for Rural Additions in the Six-Year Program as the
County permits Large Lot divisions on private streets. Under
today’s regulations there are two ways in which South Pines
Road could become a state maintained street:
- A
developer or private individual could design and
reconstruct the road to VDOT standards; or
- The
improvements necessary to have the road acceptable to
VDOT could be a Revenue Sharing Program project.
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