RESOLUTION

A Resolution Directing the County Administrator and County Attorney to Enforce the Terms of A Non-Common Open Space Easement APPLICABLE to the Property of Jaime Zambrana and Maria L. Mendez

WHEREAS, Jaime Zambrana and Maria L. Mendez are the owners of property subject to a County-held non-common open space easement; and

WHEREAS, the non-common open space easement states that [i]ndustrial or commercial activities except farming, silviculture or horticulture are prohibited except as can be and in fact are conducted from the residence house, shop, toolhouse or other permitted buildings without alteration of the external appearance of same; and

WHEREAS, Jaime Zambrana and Maria L. Mendez  have obtained a Special Permit from the Board of Zoning Appeals seeking  authorization to conduct commercial activities on the property and have filed a site plan pursuant to the Special Permit; and

WHEREAS, the site plan as submitted contemplates the outdoor parking of commercial vehicles and outdoor storage of construction equipment; and

WHEREAS, the Board, as grantee of the non-common open space easement, is authorized to interpret and enforce its terms; and

WHEREAS, the Board hereby finds that the terms of the non-common open space easement do not authorize the outdoor parking of commercial vehicles or the outdoor storage of construction equipment; and

WHEREAS, the Board opposes the issuance of a site plan inconsistent with its non-common open space easement and desires to enforce the terms of the easement; and

WHEREAS, in order to enforce the terms of the easement the Board hereby requests that the Zoning Administrator not approve the requested site plan and that the County Administrator and County Attorney take such steps to enforce the terms of the easement as may be required; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 10th of December, 2009, That a copy of this resolution be forwarded to the Zoning Administrator; and, be it

RESOLVED FURTHER, That the County Administrator and County Attorney be and are hereby authorized to take such steps as are necessary to enforce the terms of the non-common open space easement as may be necessary, including the prohibition of outside parking of commercial vehicles and the outside storage of construction equipment and materials.

 

A Copy Teste

 

Paul S. McCulla

Clerk to the Board of Supervisors

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