Owner/Applicant:                                                    Board of Supervisors Meeting Date:

Russell and Mary Culver                                                                  April 21, 2003

Staff Lead:                                                                                         Department:

Chuck A. Floyd                                                                    Community Development

Magisterial District:                                                                                    PIN:

Scott                                                                                         7916-02-8771-000

Service District:
New Baltimore


A Resolution to Waive Zoning Ordinance Section 7-302.1.B to Allow a Private Street That Does Not Connect Directly to a State Maintained Street

Property Location:                                                                                        

The property is located on the west side of Culver Drive (private street), north of Broad Run Church Road (Route 600). 

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.  As proposed, the new twenty-foot easement would connect to another private street rather than the required direct connection.  The applicants have submitted a family transfer division application to divide a 5-acre parcel into three (3) lots to create parcels for their two sons.  As proposed, the family transfer lots would be accessed via Stonefield Lane , an existing fifty-foot (50’) easement from an existing variable width private right-of-way, Culver Drive .  Culver Drive connects directly to Broad Run Church Road (Route 600). 

The property is zoned R-1 (Residential).  The subject property has the subdivision potential to be divided into four (4) lots.  The property is located on the west side of Culver Drive, north of Broad Run Church Road (Route 600).  Currently, the applicants access their property via Culver Drive (private street). 

Attachment 1 and 2 provide location maps for the subject parcel in relation to the County and Culver Drive .  The proposed family transfer plat located at Attachment 3 illustrates the access to the lots.  The applicants' justification is included as Attachment 4.  Attachment 5 is a letter from the Culver Drive Road Maintenance Association welcoming the owners of the family transfer lots into the Association.

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Planning Commission Recommendation:

On March 27, 2003 , the Planning Commission voted to recommend that the Board of Supervisors approve the applicants’ request for a waiver of Zoning Ordinance Section 7-302.1.B based on the following findings:

1.      No other access appears to be feasible;

2.      The family transfers would not be permitted without the waiver; and

3.      The traffic impact from the proposed two (2) additional dwellings will be of minimal impact to the existing property owners utilizing Stonefield Lane and Culver Drive .

Financial Impact Analysis:

No fiscal impact analysis was required with this request.

Other Departments, Organizations or Individuals affected by this request:

Property owners along Culver Drive and Stonefield Lane .

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 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 so 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.

No other access options are available, as the applicants’ lot is internal to the development.  Without the requested waiver, the applicant cannot proceed with the proposed family transfer divisions as the road frontage and access requirements cannot be met.  The existing Road Maintenance Association has agreed to include the proposed lots in the Association.

Twelve (12) addressable structures, presumably homes, are located on Culver Drive already.  The impact of two (2) additional dwellings or the equivalent of twenty (20) vehicles per day would, in staff's opinion, have minimal impact on the existing private street.  Stonefield Lane has one addressable structure.  The one (1) new home would use approximately +160-feet of Stonefield Lane .  This would have almost no impact on the existing private street, in staff’s opinion.


1.                  County Wide Vicinity Map
Vicinity Map
Applicant’s Request
Culver Drive Road Maintenance Association Letter