Owners/Applicants:                                          Board of Supervisors Meeting Date:
Eleanor J. Butler                                                                                     August 18, 2003
Nicholas F. and Michele A. Glowicki

Staff Lead:                                                                                               Department:
Robert C. Counts                                                                    Community Development   

Magisterial District: Scott                                                                                PIN(s):

Service District: New Baltimore                                                      7905-86-7871-000


Topic: An Ordinance to Approve RZ03-S-18: the Rezoning of Approximately Two Acres From R-1 To R-2, Eleanor J. Butler, Nicholas F. and Michele A. Glowicki, Owners and Applicants

Topic Description:

The subject properties have had a lengthy legal history, beginning with their origin as two of four parcels created in the 1968 subdivision of Broken Hills Section 5. The existence of an improper remnant at the time of the original subdivision prompted a ruling by the Circuit Court that Broken Hills Section 5 was not a legally platted subdivision.

Fauquier County has been in litigation regarding the subdivision plat and other attendant issues since 1987. Several attempts have been made to rectify the error of the original subdivision and legally establish what have been perceived for years as existing, developed lots. These attempts have been complicated by changes in the Zoning Ordinance’s density requirements since the original 1968 division. Under the current density of the R-1 zoning district, the applicants do not have enough land area to plat and record a conforming lot. The suggested response to the density issue is to temporarily increase the density by rezoning the affected properties, and then down zoning the properties back to the R-1 classification once a conforming lot is recorded.

The Applicants have requested a rezoning to allow the platting of legal lots without creating any net gain in subdivision density.  The Department of Community Development and the County Attorney ’s Office agree with the proposed approach. To facilitate this solution to a long-standing problem, the Board of Supervisors has waived the application fee for this rezoning request.


Land Area, Location, Zoning, and Neighboring Land Use:

The properties are located on the northwest side of Riley Road (Route 676) approximately 100 yards south of the intersection with Lakeview Drive . They consist of two one-acre parcels currently zoned Residential (R-1). The properties are surrounded by other properties in the R-1 zoning district. These properties are all developed in similar residential uses.

Action Requested of the Planning Commission:

The Board of Supervisors is requested to conduct a public hearing on RZ03-S-18 and consider approval of the attached Ordinance.

Staff Analysis:

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations. Staff has reviewed the Applicants’ Statement of Justification and other documents on file. In addition, Staff has also discussed these documents and related issues with the County Attorney . Based on this review, staff concludes that the proposed action is essentially a technical correction of a long-standing problem; it will change neither the existing use nor the property’s subdivision potential. There are no other significant staff findings.

Summary and Recommendation:

Although the proposed action changes the zoning classification of the subject parcels, the net effect is to simply correct errors made in 1968. It will have no other result than to legitimatize what has been perceived for more than 30 years as a legally developed residential subdivision. Accordingly, the Planning Commission has forwarded a recommendation of approval for RZ03-S-18 to rezone the two (2) lots identified as the Butler and Glowicki properties on Attachment 2 and as Lots 2 and 3 on the variance plat prepared by VH&D Inc. and dated September 22, 1997, from R-1 to R-2. The Applicants proffer the following:

1.      The rezoning of the subject properties from R-1 to R-2 will result in no net gain in subdivision or development potential. During the period that the zoning is R-2, there will be no additional houses constructed on either of these properties.

2.      Within twelve (12) months of the approval of the requested Rezoning, the Applicants will produce and record a subdivision plat in the same configuration as the properties identified by PINs 7905-56-7871-000 and 7905-86-7609-000.

3.      Following recordation of the new subdivision plat, but within the designated twelve month period, the Applicants agree that the Board of Supervisors may, on its own volition, rezone the newly recorded lots back to the original R-1 zoning classification.

4.      The Applicants further agree that, should the Board of Supervisors not act to rezone these properties to the original R-1 classification within eleven (11) months of the designated twelve-month period, the Applicants will initiate such a rezoning prior to the expiration of the twelve-month period.


  1. Applicant’s Justification and Proffer Statement
  2. Parcel Identification Map
  3. Rezoning Plat
  4. Approval Ordinance