AGENDA REQUEST

Owner/Applicant                                                    Board of Supervisors Meeting Date:

Farzin Sadeghi                                                                           October 20, 2003

Staff Lead:                                                                                      Department:

Chuck A. Floyd, Senior Planner                                               Community Development

Magisterial District:                                                                       PIN:

Marshall                                                                                  6949-81-0583-000

Topic: A Resolution Denying WAVR04-MA-001: A Waiver of Zoning Ordinance Section 7-302.1.C to Allow a Private Street (Valley Dale Lane) That is Forty (40) Feet in Width, Instead of the Required Minimum of Fifty (50) Feet, Farzin Sadeghi, Owner/Applicant

Topic Description:

The applicant is seeking a waiver of Zoning Ordinance Section 7-302.1.C, Limitations, which would allow a subdivision on a private street that is not fifty (50) feet in width. The applicant has submitted an Administrative Subdivision application to divide a 52.52 acre parcel into two lots, to create a 4.07 acre parcel for his sister.  As proposed, the Administrative Division occurs ±1,600 feet on Valley Dale Lane from its intersection with Crest Hill Road (Route 647).

The subject property is located on the north side of Crest Hill Road (Route 647) across from its intersection with Elihu Hill Road (Route 722), just outside the Village of Ada . The property is zoned RA (Rural Agriculture).  All surrounding properties are zoned Rural Agriculture (RA), except for those village zoned lots located within the Village of Ada . The property has the potential to be divided into three (3) lots, according to a Subdivision Potential Letter issued by the Fauquier County Zoning Office on February 11, 2003 .

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution. 

Other Departments, Organizations or Individuals affected by this request:

Property owners along Valley Dale Lane

 

Planning Commission Action:

On September 25, 2003 , the Planning Commission held a public hearing and recommended denial of the applicant’s waiver of Section 7-302.1.C of the Subdivision Ordinance.

Staff Analysis:

Section 7-302.1.C of the Zoning Ordinance requires that a private street have a minimum width of fifty (50) feet.  However, the Board of Supervisors has the authority to modify this limitation provided the applicant can show that:

1.      No other remedy is realistically feasible;

2.      Plausible alternatives have been exhausted;

3.      To not so modify the applicable limitation would place an unreasonable restriction on the use of the property; and

4.      Properties through which access is planned will not be unreasonably affected.

No other access options are available, as the applicant’s lot is internal to the adjoining development.  Without the requested waiver, the applicant cannot proceed with the proposed Administrative Subdivision, as the road frontage and access requirements cannot be met.  Research of County records show that Valley Dale Lane is actually a fifty (50) foot wide easement, except on parcel PIN 6948-89-9863-000, which is owned by David A. Thorpe.  On Mr. Thorpe’s property, a distance of approximately 211 feet, the easement narrows to forty (40) feet in width. The waiver is needed for these ±211 feet.  The previous owner of Mr. Thorpe’s property, Anita and William Payne, granted a ten-foot easement, thus making Valley Dale Lane 50 feet wide.  However, the easement was solely for the use and benefit of the grantee, successors and assigns, as the owner(s) of parcel A-1-B (see Attachment 2.)  The deed of easement further prohibits any other party from using the aforementioned 10 feet for subdivision purposes; thus, limiting Mr. Sadeghi’s use of this additional ten feet.

Twelve (12) addressable structures, presumably homes, are located on Valley Dale Lane , which is equal to 120 vehicle trips per day.  The impact of one (1) additional dwelling is the equivalent of ten (10) vehicle trips per day, or an 8% increase in traffic, which would, in staff's opinion, have minimal impact on the existing private street.  However, the Virginia Department of Transportation (VDOT) has indicated that the existing entrance to Valley Dale Lane does not meet their minimum sight distance requirements.  Section 3-2(A)(5) of the Fauquier County Subdivision Ordinance requires a highway entrance permit from VDOT for an Administrative Subdivision.  Without this permit, the applicant cannot proceed with his proposed Administrative Subdivision. 

The adjoining property owners do not concur with staff in the opinion that one additional house will not have an impact on the properties through which the access is planned.  Additional research by staff has indicated that at least two (2) houses, owned by Brian Santucci and Henry Haynes, will be greatly affected by this request.  Both houses on these properties are located within close proximity to the exiting roadway.  Any new construction utilizing Valley Dale Lane will have an immense impact on these two citizens.  Both Mr. Santucci’s and Mr. Haynes’ comment can be found in Attachment 3.  In staff’s opinion, the granting of this waiver will have an impact on the properties along Valley Dale Lane and, therefore, should be denied.

On March 25, 2003 , the applicant received an administrative waiver of Section 3.2(A)(6) of the Subdivision Ordinance, the private street length limitation of 1,000 feet.  However at that time, staff had the understanding that Valley Dale Lane was fifty (50) feet in width.  After the waiver was granted, staff came to the understanding that Valley Dale Lane was in fact not fifty (50) feet in width.

Staff conducted meetings with some of the adjoining property owners on a couple of occasions.  Attachment 3 is letters from these neighbors.  Some of their major concerns are:  sight distance at the entrance of Valley Dale Lane , the current condition of Valley Dale Lane , and the number of houses off the private street.  

Attachments: 

1.      Applicant’s Statement of Justification

2.      Deed of Easement for Thorpe Property

3.      Adjoining Property Owners’ Comments