Board of Supervisors Meeting Date:


Raymond P. and Linda G. Hawkins, Owners


July 19, 2004

Staff Lead:



Holly Meade, Planner

Community Development


Magisterial District:








A Resolution to Approve the Request of Raymond P. and Linda G. Hawkins for a Waiver of Zoning Ordinance Section 7-302 1.B. to Allow a Private Street That Does Not Connect Directly to a State Maintained Road


Topic Description:


The applicants are seeking a waiver of Zoning Ordinance Section 7-302 1.B., Limitations, which would allow a subdivision on a private street that does not connect directly to a State maintained street.  As proposed, the new fifty-foot easement would connect directly to another private street rather than the required direct public street connection.  The applicant has submitted a family transfer division application to divide an 8.6713-acre parcel into three lots to create two parcels for each of their children, plus the residue lot where the existing home is located.  As proposed, the family transfer lots would be accessed via a fifty-foot ingress/egress easement from an existing fifty-foot wide private right-of-way, Maryann Lane.  Maryann Lane connects directly to Sumerduck Road, Route 651.


On May 27, 2004, the Planning Commission postponed action on this application to allow the applicant time to address an issue raised at the meeting regarding further subdivision of the residue parcel.  Based on the Village (V) zoning of the parcel, the residue would have the potential to be divided into eight (8) lots, including the residue.  The applicant has agreed to deed restrict the residue parcel with the following language:  “The residue from this subdivision may be divided into no more than two lots, with no further divisions permitted”.  The Deed of Gift is included as Attachment 3.  In addition, the same note has been added to the Family Transfer plat which is included as Attachment 4. 


Planning Commission Action:


On June 24, 2004, the Planning Commission recommended approval of the Applicant’s waiver of Section 7-302 1.B. of the Zoning Ordinance.  The Planning Commission reports are available upon request.



Requested Action of the Board of Supervisors:


Consider adoption of the attached resolution.

Financial Impact Analysis:


Other Departments, Organizations or Individuals affected by this request:





1.      Applicant’s Letter

2.      Vicinity Map

3.      Deed of Gift

4.      Family Transfer Plat