Board of Supervisors Meeting Date:

Jon L. and Jessica Arnold

October 14, 2004


Staff Lead:



Holly Meade, Senior Planner

Community Development


Magisterial District:








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 be an extension of an existing easement and connect directly to another private street, rather than the required direct connection.  The applicant also has submitted a family transfer division application to divide a 14.7-acre parcel into two lots to create one parcel for Jon Arnold’s mother.  As proposed, the family transfer lot would be accessed via an extension of an existing fifty-foot ingress/egress easement, Nugget Court, from an existing fifty-foot wide private right-of-way, Golden Drive.  Golden Drive connects directly to Courtney’s Corner Road, Route 637.


The property is zoned Rural Agricultural (RA).  The subject property has the subdivision potential to be divided into two (2) lots.  This family transfer will exhaust all density on the property and no further division would be allowed on either parcel.  The property is located on the south side of Nugget Court, and south of Courtney’s Corner Road, Route 637 (refer to the location map). Currently, the applicants access their property via Nugget Court (private street).


The proposed family transfer plat located at Attachment 1 illustrates the access to the lots.  The applicants’ justification is included as Attachment 2.



Planning Commission Action:


On September 28, 2004, the Planning Commission recommended approval of the Applicant’s waiver of Section 7-302 1.B. of the Zoning Ordinance.  The Planning Commission staff report is available upon request.

Location Map:































Requested Action of the Board of Supervisors:

Attached for consideration is a resolution of approval.


Financial Impact Analysis:


Other Departments, Organizations or Individuals affected by this request:





1.      Family Transfer Plat

2.      Applicant’s Statement of Justification