RESOLUTION 

A RESOLUTION TO APPROVE SPECIAL EXCEPTION  #SE02-M-20

RANDALL and KATHLEEN BOXALL, and MARK OLSON (for Iverson Trust), OWNERS

RANDALL and KATHLEEN BOXALL, APPLICANTS

PIN #6012-20-7910-000 

            WHEREAS, Randall and Kathleen Boxall and Mark Olson (for Iverson Trust), owners, and Randall and Kathleen Boxall, applicants, have filed an application to obtain approval for a reduction in the open space requirement for a parcel that is greater in size than thirty (30) acres; and

            WHEREAS, the Planning Commission held a public hearing on this application on April 25, 2002, and, on May 30, 2002, voted to forward the application to the Board of Supervisors with a recommendation of approval; and

WHEREAS, the Board of Supervisors has considered the written and orally presented information of the applicants and conducted a public hearing for this application on July 15, 2002; and

WHEREAS, the Board of Supervisors has determined that the application is 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 15th day of July 2002, That the application is in substantial accordance with the Fauquier County Comprehensive Plan, and is, hereby, approved subject to the following 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 new structure, primary or accessory, including, but not limited to, residences, barns, sheds, drainfields, and wells built, or the expansion of existing structures on either parcel, as otherwise permitted in the underlying zoning district, shall be no closer than 300 feet from the common property line with the properties identified as Commonwealth of Virginia Commission of Game and Inland Fisheries PIN #6012-23-4492-000, #6012-33-5604-000, and #6012-42-9246-000, as shown on the plat dated March 13, 2002, entitled, “Subdivision Plat of the Land of Randall C. Boxall and Kathleen Boxall,” received in the Planning Office on March 15, 2002.  A driveway may be located to provide access to a future residence from the proposed ingress/egress easement.  Setbacks from all other property lines shall be as required by the Zoning Ordinance.  This 300-foot building/structure setback shall be maintained as a state of nature easement.

5.      Any new structure, primary or accessory, including but not limited to, residences, barns, sheds, drainfields, and wells built, or the expansion of existing structures on either parcel, as otherwise permitted in the underlying zoning district, shall be no closer than 500 feet from the common property line with the properties identified as United States of America, Washington, D.C., 20204, PIN #6011-39-2528-000 and #6011-39-9457-000, as shown on the plat dated March 13, 2002, entitled, “Subdivision Plat of the Land of Randall C. Boxall and Kathleen Boxall,” received in the Planning Office on March 15, 2002.  Setbacks from all other property lines shall be as required by the Zoning Ordinance. An expansion, not to exceed a footprint size of 700 square feet of two stories in height, may be added to the existing residence on Lot 1. The lower level of this addition may be used as a garage. This expansion shall be permitted only on the northwest side of the residence.  The 500-foot building/structure 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 existing shed on Lot 1 shall be removed from the state of nature easements noted above.