RESOLUTION

A RESOLUTION TO RECONSIDER AND APPROVE SPECIAL EXCEPTION  #SE02-L-25

KENNETH AND CATHERINE DODSON, APPLICANTS

PIN:  6869-48-2575-000

            WHEREAS, Kenneth and Catherine Dodson, applicants, have filed an application to obtain approval under Section 5-2900 of the Zoning Ordinance to allow a waiver of the public street requirement to serve a proposed residence to be built on a ± 4.3 acre parcel on the east side of Lees Mill Road, just north of its intersection with Freemans Ford Road in Lee Magisterial District; and

             WHEREAS, the Planning Commission held a public hearing on this application on May 30, 2002 and has forwarded the application to the Board of Supervisors with recommendation of approval; and

WHEREAS, the Board of Supervisors has considered the written and orally presented information of the applicants and conducted a public hearing for this application on July 15, 2002,

WHEREAS, the Board of Supervisors has reconsidered its original action and determined that in light of new information that the conditions previously approved by the Board of Supervisors on July 15, 2002 should be amended to allow the use of the existing road in its current condition,

WHEREAS, the Board of Supervisors has determined that the application is in substantial conformance with the Comprehensive Plan and the applicable provisions of the Zoning Ordinance; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 19th day of August 2002, That the application is in substantial accordance with the Fauquier County Comprehensive Plan and is hereby approved, 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 the 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 existing private street may be used to access the proposed lot with no additional design or construction improvements required.

  1. 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.
  2. Appropriately sized ditches along the private street shall be constructed.
  3. 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.
  4. 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.
  5. 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.
  6. The slope of the private road shall not exceed 12%.