SE 02-M-20

REVISED MAY 17, 2002

APRIL 25, 2002 

If it is the intent of the Fauquier County Planning Commission to recommend approval of SE 02-M-20 located on Parcel I.D. 6012-20-7910-000 for a reduction in the 85% open space requirement pursuant to Sect. 2-406.5 of the Fauquier County Zoning Ordinance, the staff recommends that the Planning Commission condition such approval by requiring conformance with the following development conditions:

1.       The special exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2.       This special exception is granted only for the purpose(s), structure(s) and/or uses indicated on the special exception plat approved with the application, as qualified by these development conditions.

3.       The 50-acre parcel shall be divided into no more than two parcels of approximately 28 acres and 22 acres in size.  Both parcels shall be placed in a deed-restricted open space easement that prevents any further subdivision.  Such deed language shall be presented with the subdivision plat of the property for County review and approval.

4.       Any accessory structure built or expansion of existing structures on either parcel, as otherwise permitted in the underlying zoning district, shall be no closer than 300 feet from any lot line.  This 300-foot building setback shall be maintained as a state of nature easement.

5.       Any new residential structure built on Lot 2 (22 acre tract) as identified on the special exception plat shall be constructed on the west side of the 50-foot ingress-egress easement indicated on the plat, and no closer than 300 feet to the common property line with the Thompson Wildlife Management Area.  Should the final drainfield location approved by the Health Department or other final engineering requirements make this condition infeasible, any new residential structure on Lot 2 shall be no closer than 100 feet from any lot line.  In this instance, the applicant shall provide written justification to the Zoning Administrator stating why the house cannot be built in a location that satisfies this condition.  Such statement shall be submitted with the Zoning Permit application for lot 2.  This 300-foot building setback shall be maintained as a state of nature easement.

6.       Approval of this special exception includes a modification of the maximum length of a private street pursuant to Section 3-2(a)(6) of the Subdivision Ordinance.

7.       The resultant lots will not be voluntarily transferred to a non-immediate family member for at least ten (10) years, unless the Board of Supervisors finds that an extraordinary hardship is being caused by the ten (10) year restriction.