ATTACHMENT 4

RESOLUTION

A Resolution to Return to the planning commission for reconsideration an amendment to Subdivision Ordinance Section 4-27 to Allow Variations by the Planning Commission When the Strict Application of the Subdivision Ordinance Will Result in Substantial Hardship

            Whereas, Raymond M. Pennington, III has filed an application to request the County to amend the Zoning Ordinance to permit certain lots or parcels which were not lawfully subdivided to be utilized as building lots under terms and conditions set forth in the proposal, and has also requested consideration of proposed alternative amendments; and

            WHEREAS, on March 29, 2007 the Planning Commission conducted a public hearing on the proposed amendments and unanimously recommended denial of the proposed amendments, determining that the applicant’s proposed amendments and suggested alternatives are not consistent with good zoning practice, not in the best interest of the public, not consistent with the general welfare, and otherwise fail to satisfy the standards set forth in Section 15.2-2286 of the Code of Virginia; and

            WHEREAS, on May 10, 2007 the Board of Supervisors conducted a public hearing on the proposed amendments; and

            WHEREAS, the Board of Supervisors has considered the applicant’s argument in support of the proposed amendments, the reports of county staff and public comment related to the application; and

            WHEREAS, one of these alternative amendments is an amendment to the provisions of the subdivision ordinance; and

            Whereas, the Board of Supervisors has determined that the amendment to the subdivision ordinance proposed by Mr. Pennington is worthy of further consideration; now, therefore be it

            RESOLVED this 12th day of July 2007 that the amendment to the subdivision ordinance proposed by Mr. Pennington is hereby returned to the Planning Commission for reconsideration.

 

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