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ORDINANCE 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 WHEREAS,
the properties identified by PINs: 7905-86-7871-000 and
7905-86-7609-000
were created in the 1968
subdivision approval of Broken Hills Section 5; and WHEREAS,
because of errors in that approval process, the Fauquier County Circuit
Court has determined that Broken Hills Section 5 is not a legally platted
subdivision; and WHEREAS,
PINs: 7905-86-7871-000 and 7905-86-7609-00 do not contain
sufficient land area to be legally platted under its current R-1 zoning
designation; and WHEREAS,
the Applicant has requested a Rezoning to allow the platting of a legal
lot without creating any net gain in subdivision density; and WHEREAS,
the Planning Commission has conducted a public hearing on RZ03-S-18 and
has forwarded a recommendation of approval to the Board of Supervisors;
now, therefore, be it ORDAINED
by the Fauquier County Board of Supervisors this 18th day of August 2003,
That RZ03-S-18 be, and is hereby, approved subject to the following
proffered conditions: 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 to 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. |