applicants wish to obtain Special Exception approval under
Category 26, which would allow for a decrease in the
non-common open space requirement. If approved, this
Special Exception would allow for a boundary line adjustment
to an adjacent parcel.
proposal would allow for one non-common open space lot of
34.307 acres and a boundary line adjustment of 53.383 acres
to PIN 6081-25-0645-000. The property does have the
subdivision potential for division of up to four (4) lots,
with two (2) administrative divisions. This application is
required since the applicants have requested to transfer the
bulk of their parcel to the adjacent neighbor and go below
the 85% open space requirement on it’s the residue parcel.
currently is 87.690 acres. Its 85% non-common open space
requirement would be 81.758 acres. The non-common open
space reduction proposes reducing that amount to 34.307
acres, pursuant to Section 3-326 and the standards set forth
in Section 5-206 of the Zoning Ordinance.
It should be
noted that, in general, non-common open space parcels
(residue lots) are deed restricted from further
subdivision. However, it could support a family dwelling
unit, if Zoning Ordinance requirements are met, along with
the existing house on the site.
The proposed reduction is allowed by the standards in Zoning
Ordinance Section 5-2601 upon a determination that: “the
required amount is not necessary in order to protect the
scenic, natural or historic resources contained on the site,
in which case the open space may be reduced to that amount
applicants’ parcel and the adjacent parcel proposed to
receive the acreage via the boundary line adjustment are
both located in the Middleburg/Marshall Agricultural and
Forestal District until June 30, 2014. While properties are
within Agricultural and Forestal District, boundary line
adjustments between adjoining parcels, family transfers and
large lot divisions are permitted.