DATE:            May 22, 2002

TO:                 Members, Planning Commission

FROM:           Elizabeth A. Cook, Chief of Planning

RE:                 Boxall Open Space Reduction, SE # 02-M-20


The applicant is requesting special exception approval to reduce the amount of open space required for a Rural Agricultural (RA) subdivision from 85% to approximately 55%.  Specifically, the applicants are seeking approval to divide a 50-acre parcel into two (2) parcels of 28 and 22 acres in size.  The entire parcel is currently under common ownership by two (2) separate couples.  The owners want to divide the property in a more equitable manner, so that each couple can have individual titles for their property.

The Planning Commission held a public hearing on this case on April 25, 2002, and voted to postpone any decision for 30 days to allow for a site visit and for further deliberation of the request.  There were three (3) speakers in favor of the request and one (1) speaker who expressed concern over the placement of a new structure in relation to the Appalachian Trail and the adjacent Wildlife Management area.


A site visit to the property will be conducted on the morning of May 30, 2002, subsequent to the writing of this report.


Staff has amended the proposed development conditions, included as, Attachment 1 to address the placement of any new residential structure on the proposed 22-acre parcel.  That placement is to minimize potential impacts on the Appalachian Trail and use conflicts from the adjacent Wildlife Management Area.  In addition, the applicant has requested that the proposed condition requiring the 10-year limitation on sale to a non-immediate family member be removed.


Should the Planning Commission choose to forward this special exception and Subdivision Ordinance modification to the Board of Supervisors with a recommendation of approval, the staff recommends that such action be based on the reasons cited in the original staff report and subject to the proposed development conditions dated May 17, 2002.


1.      Revised Conditions

2.      Original Staff Report