A Resolution to Approve a Waiver
Allowing a Private Street That Does Not Connect Directly to a State
WHEREAS, Michael and Patricia Cackowski, owners, are seeking a waiver of Zoning Ordinance Section 7-302.1.B to allow a subdivision on a private street that does not connect directly to a State maintained street; and
WHEREAS, the applicants wish to create one (1) new family transfer lot from their 10.85-acre parcel identified as PIN 6971-04-5133-000, with access via an easement which connects to South Pines Road, a private street; and
WHEREAS, South Pines Road is an existing private street that connects directly to Opal Road (Route 687), a State maintained street; and
WHEREAS, on March 30, 2006, the Fauquier County Planning Commission recommended approval of the proposed Zoning Ordinance waiver; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 13th day of April 2006, That Zoning Ordinance Section 7-302.1.B be, and is hereby, waived to permit Michael and Patricia Cackowski to create one (1) family transfer division on the above-referenced parcel on a private street that does not connect directly to a State maintained street; and, be it
RESOLVED FURTHER, That this approval is contingent upon the Cackowski’s agreement to contribute their proportionate share of the construction and design of South Pines Road to upgrade the existing private street section of South Pines Road to Virginia Department of Transportation (VDOT) standards, if and only if all the residents of South Pines Road from the VDOT roadway to the point of the applicant’s property agree to their own proportionate share of the costs of said construction and design or otherwise mutually agree to fund the cost of the necessary improvements. Compliance with this condition is contingent on a written agreement signed by all the property owners on the private section of South Pines Road from the VDOT roadway to the Cackowski property acquiescing to their pro rata share of the construction and design costs and willingness to dedicate the necessary right-of-way or such other mutual agreement which provides for the necessary improvements and dedication of right-of-way. The applicants also agree to reserve necessary right-of-way necessary to construct South Pines Road to the Virginia Department of Transportation (VDOT) standards to be dedicated to public use at the time the aforementioned agreement is in place. Covenants or other recorded documents sufficient to provide for the enforcement of these obligations shall be recorded with the plat of subdivision. The applicant is not solely responsible for the construction and design of the private portion of South Pines Road, and shall not be responsible for negotiating an agreement with the other property owners as stated above.