A Resolution to Approve a Waiver Allowing a Private Street That Does Not Connect Directly to a State Maintained Road


            WHEREAS, Nabil & Nahida Barbari, owners, are seeking a waiver to Zoning Ordinance Section 7-302.1.B to allow a subdivision on a private street that does not connect directly to a state maintained street; and


            WHEREAS, the applicants wish to create one (1) new family transfer lot from their 10.12-acre parcel identified as PIN 6961-84-1779-000, with access via an easement which connects to South Pines Road, a private street; and


            WHEREAS, South Pines Road is an existing private street that connects directly to Opal Road (Route 687), a state maintained street; and


            WHEREAS, on October 27, 2005, the Fauquier County Planning Commission recommended approval of the proposed Zoning Ordinance waiver; now, therefore, be it


            RESOLVED by the Fauquier County Board of Supervisors this 8th day of December 2005, That Zoning Ordinance Section 7-302.1.B be, and is hereby, waived to permit Nabil and Nahida Barbari to create one (1) family transfer division on the above-referenced parcel on a private street that does not connect directly to a state maintained street, subject to the following conditions:


  1. The owner/applicant shall enter into an agreement to maintain the ingress-egress easement from the cul-de-sac to the point of state maintenance on South Pines Road. Such agreement shall be included in the deed conveying the family lot to the new owner.


  1. The owner/applicant shall design and construct 364.99 feet of South Pines Road (from posted end of state maintenance to furthest property line) to current VDOT specifications.


  1. The ingress-egress easement serving the family lot shall be less than fifty (50) feet in width.


  1. The owner/applicant shall submit a modified construction plan for the required road improvements to the County for review and approval.


  1. If VDOT accepts the newly constructed section South Pines Road into the state system for maintenance, then the applicant will be relieved of any maintenance responsibilities for that section of road.