PUBLIC HEARING AGENDA REQUEST

Applicant:

Board of Supervisors Meeting Date:

Randall and Kathleen Boxall, Mark Olson (for Iverson Trust), Owners

Randall and Kathleen Boxall, Applicants

July 15, 2002

Staff Lead:

Department: 

Deirdre B. Clark

Community Development

Topic:  SPECIAL EXCEPTION  #SE02-M-20, TO ALLOW FOR A REDUCTION IN THE OPEN SPACE REQUIREMENT, MARSHALL MAGISTERIAL DISTRICT

Topic Description:

In accordance with the provisions of Article 2-406.5.D of the Zoning Ordinance, the applicants are seeking a special exception, pursuant to Zoning Ordinance Category 26, to allow for a reduction in the 85% open space requirement for parcels greater than thirty (30) acres in size.  The proposed reduction would allow the subject property of  ±50.6 acres to be divided into two parcels of approximately 22 acres and 28 acres each.  The property was purchased by the current owners in 1998 and is owned jointly by two families.  The 85% open space requirement, combined with the sliding scale density for the RA district, requires that approximately 43 acres of the parcel be placed in an open space easement.  The remaining ±7.5 acres could then be divided into two lots.  The owners would like to divide the property in a more equitable manner than that allowed by the Zoning Ordinance, and to obtain separate titles. 

To access the divided property, the applicants are requesting a waiver of the maximum length allowed for a private road, pursuant to Subdivision Ordinance Section 3-2(A)(6).  The subject property is approximately 9,500 feet from a state road.  The maximum distance allowed under the Subdivision Ordinance, without a waiver, is 5,000 feet.

Subsequent to the Planning Commission decision of May 30, 2002, the applicants indicated that they have not found an alternative drainfield site outside of the buffer area.  The applicants will likely request that the Board modify condition 4 to allow for the construction of a drainfield. 

Requested Action of the Board of Supervisors:

Hold a public hearing and take action.  A resolution for approval is attached for consideration.

The Planning Commission held a public hearing on this request on April 25, 2002, and, on May 30, 2002, voted to recommend approval.

The Planning Commission has forwarded this application to the Board of Supervisors with the recommendation of approval for the request subject to the conditions as listed in Attachment 1.

Financial Impacts Analysis:

There was no financial impact analysis required for this request.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

None