Board of Supervisors Meeting Date:

Masad and Marguerite Zakkak

December 10, 2009


Staff Lead:


Cynthia Porter-Johnson, Planner


Community Development

Magisterial District:


Cedar Run District 




A Resolution to Approve a Waiver for a Private Street to connect to a Private Street (WAVR10-CR-004) – Cedar Run District


Topic Description:

The owners/applicants are seeking a waiver of Zoning Ordinance Section 7-302.1.A.2, Limitations, in order to allow a subdivision on a private street that does not connect directly to a state maintained road.  The property fronts on Beach Road (Route 616). The applicants are proposing to divide a 65.331-acre parcel into three family transfer lots of 3.03 acres, 3.0076 acres, 3.0023 acres and a residue of 56.2853 acres. The reason for the proposed development is to provide housing for the owners/applicants’ children. As proposed, the lots would be accessed by a fifty (50) foot-wide ingress and egress easement that would connect directly to the existing private street, which is off of Beach Road (Route 616).


Attachment 1 is the proposed division showing access to the lots. The applicants’ Statement of Justification is included as Attachment 2.


The property is located on the west side of Beach Road (Route 616) in the Cedar Run District.

Zoning/Land Use:

The subject property is zoned Rural Agriculture (RA). Adjacent properties to the immediate north, south, east and west are zoned Rural Agriculture (RA). There is currently one dwelling on the property.




Staff Analysis:

Section 7-302.1.A.2 requires a private street to connect directly to a state maintained road. However, the Board of Supervisors has the authority, in conjunction with a subdivision plan, 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 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.

In addition, as per Section 7-302.1.A.2, the Board may consider, as an additional factor in granting such a waiver, that the proposed divisions are family transfers.

The location of the drainfield areas make it necessary to connect to the existing private road. Without the requested waiver, the applicants cannot proceed with the proposed divisions as the road frontage and access requirements cannot be met. Refer to the attached subdivision plat.

Planning Commission Action:


On December 9, 2009, the Planning Commission will be considering this waiver. Staff will update the Board on December 10, 2009 on the Planning Commission’s recommendation.  


Requested Action of the Board of Supervisors:
Consider adoption of the attached resolution.

Financial Impacts Analysis:

Identify any other Departments, Organizations or Individuals that would be affected by this request:



1. Exhibit Plat

2. Statement of Justification

Back to Agenda...