Board of Supervisors Meeting Date:

Joseph Romano and Nancy J. Perkins

November 9, 2006

Staff Lead:


Bonnie Bogert, Planner II

Community Development

Magisterial District:





Waiver of Zoning Ordinance Sections 7-302.1.B and 7-302.1.C to Allow a Private Street that Does Not Connect Directly to a State Maintained Street and to Reduce the Required 50-Foot Width, Lee District

Topic Description:

The owners are seeking a waiver of Zoning Ordinance Sections 7-302.1.B and 7-302.1.C, Limitations, which would allow a subdivision on a private street less than 50 feet in width that does not connect directly to a state maintained street.  The applicants are proposing to divide a 2.23-acre parcel into two (2) lots of 1.19 and 1.04 acres.  This step is the last in a series of divisions of an original 5-acre parcel, which will result in a total of four (4) lots. 

The subject property (the residue parcel) currently fronts on Stribling Drive, an existing 50-foot ingress-egress easement that connects directly to Marsh Road (Route 17).  Now, the applicants would like to create a family transfer lot.  Either the family transfer lot or the residue parcel will need access and frontage from Caitlin Court, an existing 30-foot access easement, which connects to Stribling Drive. The applicants would like the family transfer lot to front onto Stribling Drive.  Caitlin Court also provides access to two (2) other parcels recently created through the preliminary and final subdivision process which created this ingress and egress easement. While these other lots are meeting their public road frontage requirements via Route 17, they are accessed by Caitlin Court through Stribling Drive, and both are private streets.

Attachment 1 provides a location map for the subject parcel in relation to the County and Stribling Drive.  Attachment 2 is the proposed division showing access to the lots, and the applicants’ Statement of Justification is included as Attachment 3.


Planning Commission Action:

On October 26, 2006, the Planning Commission unanimously recommended approval of the applicant’s request for a waiver of Section 7-302.1.B. of the Zoning Ordinance, and recommended denial of the request for a waiver of Section 7-302.1.C. Denial of the 50-foot ingress-egress easement waiver was due to the Planning Commission’s opinion that the location of the 1.04-acre residue lot could be swapped with that of the Family Transfer lot; thus, removing the need for the requested waiver. The Planning Commission staff report is available upon request.


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.


Financial Impact Analysis:


Other Departments, Organizations or Individuals affected by this request:



1.      Vicinity Map

2.      Proposed Lot Layout

3.      Statement of Justification


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