Board of Supervisors Meeting Date:

Berta F. Lunau (Biritos), Owner

Kenneth and Catherine Dodson, Applicants

July 15, 2002

Staff Lead:


Deirdre B. Clark

Community Development


Topic Description:

The applicant is seeking a special exception pursuant to Zoning Ordinance Category 29, Waiver of the Public Street Requirement in Residential, RA and RC Zones.  The application request is for a waiver of the public street requirement to serve a proposed single-family residential lot.  The applicant proposes the use of an existing private street, currently serving two homes, to access a single-family residence to be built on a ±4.3 acre lot located on the east side of Lees Mill Road (Route 651), just north of its intersection with Freemans Ford Road in the Lee Magisterial District.

Concurrent with this special exception request is a companion preliminary plat application, which can be acted upon by the Board of Supervisors only after the public hearing for the special exception.  With regard to the subdivision, the applicant seeks approval of a preliminary plat to divide ±64.8 acres zoned RA (Rural Agricultural) into one (1) residential lot of approximately 4.3 acres and a residue parcel of ±60.4 acres.  Subsequent to this requested division, the subject property will have the potential to be divided into two lots, one new lot plus the residue. 

Section 9-7 of the Subdivision Ordinance requires that “….all preliminary plats acted on by the Planning Commission shall be referred to the Board of Supervisors at its next regularly scheduled meeting.  If the Board takes no action on the preliminary plat referrals, the preliminary plat shall be deemed approved or denied in accordance with the action of the Planning Commission.”



Requested Action of the Board of Supervisors:


Hold a public hearing and take action on the special exception request.  A resolution for approval is attached for consideration.

Regarding the Preliminary Plat, the requested action of the Board is to approve the preliminary subdivision, subject to the conditions as recommended by the Planning Commission and outlined below.

Planning Commission Review and Recommendation:

The Planning Commission held a public hearing on this special exception request on May 30, 2002.  The property owner spoke in favor of this request; there was no opposition to the application.  The Planning Commission voted unanimously to recommend approval of this request, 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 special exception plat approved with the application, as qualified by these development conditions.

3.      This special exception is subject to the provisions of the Fauquier County Subdivision Ordinance, as may be determined by the Fauquier County Department of Community Development.  Any plat submitted pursuant to this special exception shall be in conformance with the preliminary subdivision plat, dated May 3, 2002, and these conditions.

4.      The private street shall be constructed to a minimum width of 12 feet with grass shoulders.  The right-of-way shall be no less than 50 feet and the access to Route 651 shall be as indicated on the preliminary subdivision plat and approved by the Virginia Department of Transportation.

5.      Appropriately sized ditches along the private street shall be constructed.

6.      The private street shall serve no more than the three (3) lots described in the applicant’s statement of justification.  These include the proposed lot and two (2) existing lots currently served by the private street.

7.      The applicant shall obtain the proper land disturbing permits from the County, if the area to be disturbed is in excess of 10,000 square feet.

8.      Prior to subdividing the property, a road maintenance agreement applicable to all users of the private street shall be executed.  The subdivision plat shall include the private street notation referenced in Section 7-306 of the Zoning Ordinance.

9.      The slope of the private road shall not exceed 12%. 


Following the public hearing on the special exception, the Planning Commission voted to approve the preliminary plat, subject to the following conditions:

  1. The applicant shall submit a recorded road maintenance agreement applicable to all three             (3) users of the roadway with the final plat application.
  2. Prior to final plat and construction plan approval, the applicant shall submit a detailed landscape plan, as required pursuant to Section 7-600 of the Zoning Ordinance.
  3. The final plat shall be in general conformance with the preliminary subdivision plat     entitled "Preliminary Subdivision Plat on The Property of Berta F. Biritos,” dated May 3, 2002, and received in the Planning Office on May 8, 2002.
  4. Prior to construction, the drainfield area shall be marked to prevent its disturbance during construction.



Financial Impact 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: 




  1. Resolution of Approval
  2. Planning Commission Staff Report