Board of Supervisors Meeting Date:

Mermah Payandeh

August 10, 2006


Staff Lead:



Bonnie Bogert, Planner

Community Development


Magisterial District: 









A Resolution to Deny a Waiver Allowing a Private Street that Does Not Connect Directly to a State Maintained Street, Marshall District


Topic Description:

The owner is 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. The subject parcels are accessed by Apple Manor Road, Audubon Trail, and Orchard Hill Lane, all of which are existing private roads. The applicant is proposing to divide three (3) of the four (4) subject parcels into eight (8) large lots of no less than fifty (50) acres. As proposed, Orchard Hill Lane would need to be extended to provide the required frontage to three (3) of the new parcels, and Audubon Trail will provide access to three (3) of the new parcels. Orchard Hill Lane connects to Audubon Trail (private street), which connects to Apple Manor Road (private street) which connects to Leeds Manor Road (Route 688). As illustrated above, Orchard Hill Lane and Audubon Trail do not connect directly to a State maintained street today, thus providing the need for this waiver request.

The properties are zoned Rural Conservation (RC) and in total have the subdivision potential to be divided into nineteen (19) lots, but are restricted under the terms of a Virginia Outdoors Foundation easement. The properties are located on the east side of Leeds Manor Road (Route 688).

The applicant’s justification is included as Attachment 3.  The vicinity map is included as Attachment 1, while Attachment 2 illustrates the access to the proposed lots.


Planning Commission Action:

On June 29, 2006, the Planning Commission unanimously recommended denial of the applicant’s request for a waiver of Section 7-302 1.B. of the Zoning Ordinance based on the reasons cited in the Board’s resolution. The Planning Commission staff report is 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.      Vicinity Map

2.      Proposed Lot Layout

3.      Statement of Justification

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