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

            WHEREAS, Mermah Payandeh, owner, is seeking a waiver of Zoning Ordinance Section 7-302.1.A.2 to allow a subdivision on a private street that does not connect directly to a state maintained street; and


            WHEREAS, the applicant wishes to create eight (8) large lots from 3 parcels,  her 213-acre parcel identified as PIN 6032-17-7831-000, her 152-acre parcel identified as PIN 6022-94-5679-000, and her 121-acre parcel identified as PIN 6022-86-6327-000, with access via an existing network of private streets, which connect to Apple Manor Road, a private street; and


            WHEREAS, the proposed access streets connect to a private street (Apple Manor Road) rather than a public road; and

            WHEREAS, the use of these existing streets to serve the additional eight (8) lots will not have significant impact to property owners who use these streets; and

            WHEREAS, the parcels are subject to a Virginia Outdoors Foundation Easement; that restricts further subdivision; and

            WHEREAS, on June 29, 2006, the Fauquier County Planning Commission unanimously recommended denial of the proposed Zoning Ordinance waiver; be it hereby

            RESOLVED by the Fauquier County Board of Supervisors this 10th day of May 2007, That a waiver of Zoning Ordinance Section 7-302.1.A.2 for Mermah Payandeh to create eight (8) large lots on the above referenced parcels on private streets that do not connect directly to a state maintained street, be and is hereby  approved subject to the following condition:

  • That the preferred means of access be by a private street which connects to Apple Manor Road and runs across the 100 acre parcel owned by Mermah Payandeh known as PIN 6022-98-3780-000, shown on the revised waiver plat done by Carson Ashley and Associates, dated May 10, 2007.

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