A Resolution to Approve SPEX06-LE-008: A Category 26 Special Exception to Allow for a Decrease in the Non-Common Open Space Requirement

WHEREAS, Elmer Ray and Katherine O. Anderson, Jr., Morgan B. and Katie L. Ott, III, Harold W. and Rebecca O. Mullins, Frank C. Ott, Frank C. Ott, Jr., owners, and Daniel M. O’Connell, applicant, are seeking Special Exception approval for a reduction of non-common open space; and

WHEREAS, the applicant seeks to obtain this Special Exception to allow for the division of a parcel into two (2) lots; and  

WHEREAS, on February 16, 2006, the Fauquier County Planning Commission held a public hearing on the proposed Special Exception and unanimously recommended approval of the application, subject to conditions; and

WHEREAS, on April 13, 2006, the Board of Supervisors conducted a public hearing and considered written and oral testimony; and

            WHEREAS, the Board of Supervisors has determined that the application satisfies the standards of Zoning Ordinance Articles 5-006 and 5-2601; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 13th day of April 2006, That SPEX06-LE-008 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 “Division of Ott Property” dated April 30, 1992 and received in Community Development on October 27, 2005, approved with the application, as qualified by these development conditions.

3.      The approval shall allow for the division of two parcels of approximately 25 acres and 29 acres.

4.      The parcels shall be deed restricted from further subdivision and the required non-common open space easement shall be recorded.

5.      A geotechnical report shall be required for any building requiring permit on the site due to the high to very high shrink swell potential.


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