A RESOLUTION TO APPROVE SPECIAL
EXCEPTION AMENDMENT #SEA02-S-01 BARBARA AND FREDERICK EICKHOFF AND
PATRICIA AND LEON EGGERS, OWNERS AND RICHARD SANDERS (LAKE WHIPPOORWILL
WHEREAS, Barbara and
Frederick Eickhoff and Patricia and Leon Eggers, owners and Richard
Sanders (Lake Whippoorwill LLC), applicant, are seeking a special exception amendment to remove an approved 1997 condition
of approval requiring the construction of an interparcel connection from
the Lake Whippoorwill subdivision to the adjoining Jamison property; and
WHEREAS, the Planning Commission held a
public hearing on this application on November 29, 2001 and has forwarded
the application to the Board of Supervisors; and
Board of Supervisors has considered the written and orally presented
information of the applicants and conducted a public hearing for this
application on June 17, 2002; and
Board of Supervisors has determined that the applications are in
substantial conformance with the Comprehensive Plan and the applicable
provisions of the Zoning Ordinance; now, therefore, be it
RESOLVED by the Fauquier County Board of Supervisors this 17th
day of June 2002, That the application of Barbara and Frederick Eickhoff
and Patricia and Leon Eggers, owners and Richard Sanders (Lake
Whippoorwill LLC), applicant, be, and is hereby, approved, subject to the
following revision to Special Exception Condition Number 4:
The previously dedicated 50-foot
right-of-way from the terminus of Red Oak Court to the Jamison property
line shall be retained. Within
this right-of-way, the applicant shall construct a controlled emergency
access with a minimum pavement width of 14 feet, in substantial accordance
with the applicant’s engineered drawing dated April 17, 2002, with final
engineering specifications as determined by the County Engineer.
The applicant shall also install a gate or other control feature
acceptable to the Office of Emergency Services that may be accessed by
authorized personnel as needed. The
applicant shall provide confirmation that the existing bond is adequate to
construct the improvement and amend the current developer’s agreement to
incorporate the improvement, and post additional bonding if required
within 30 days of the Board of Supervisors approval date.
Such construction shall be completed within one year of the
approval date of this special exception amendment.
any portion of the construction that cannot be completed to the Jamison
property line without off-site easements, the applicant shall establish an
Escrow account of no less than $8,000 in the name of the County of
Fauquier. These funds will be
used to complete the construction work to the Jamison property line at
such time as the Jamison side improvement is constructed.
The terms and conditions of the escrow agreement shall be decided
in consultation with and at the agreement of the Director of Community
Development and the County Attorney.
applicant shall install, and the Lake Whippoorwill Homeowner’s
Association shall maintain, a sign erected at the common property line
with the Jamison tract that notes the existence of a 50-foot public
right-of-way that may be improved to a full street connection at some
point in the future.
All other conditions of approval for SE 97-S-05, dated June 3, 1997, shall remain in full force and effect.