Board of Supervisors Meeting Date:

Michael R. and Patricia Cackowski

April 13, 2006

Staff Lead:


Bonnie Bogert, Planner

Community Development

Magisterial District:





A Resolution to Approve a Waiver Allowing a Private Street That Does Not Connect Directly to a State Maintained Road, Lee District


Topic Description: 

The applicants are 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 South Pines Road, which is a state maintained road that connects to Opal Road (Route 687). However, the state maintenance of South Pines Road ends approximately 1,830 feet from the Cackowski property, thereby making the portion that provides the frontage to their property a private street. The applicants are proposing to divide a 10.85-acre parcel into two lots, one family lot of 2.35 acres and a residue of 8.50 acres. As proposed, the lots would be accessed by a 50-foot easement that would connect to South Pines Road beyond the section that is state maintained. 

The property is zoned Rural Agriculture (RA), and has the subdivision potential to be divided into two (2) lots.  The property is located on the east side of South Pines Road (partially state maintained) and south of Opal Road (Route 687). The applicants currently access their property via South Pines Road.

The applicants’ 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 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:

  1. No other remedy is realistically feasible;


  1. Plausible alternatives have been exhausted;


  1. To not modify the applicable limitation would place an unreasonable restriction on the use of the property; and


  1. 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: 

  1. A developer or private individual could design and reconstruct the road to VDOT standards; or


  1. The improvements necessary to have the road acceptable to VDOT could be a Revenue Sharing Program project.

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


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