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in 30 days from the date of the decision. This is the only recourse provided under the law to persons dissatisfied with a decision of the Board of Zoning Appeals. There is nothing in the Zoning Ordinance or the Virginia Code which permits a resubmittal of an application for a special use permit after the Board of Zoning Appeals has exercised its jurisdiction to deny the application.
As a final note, it has been reported (Rappahannock News, Jan. 20, 1977) that this resubmittal is sought on the basis of new soil studies performed on behalf of the Updikes which allegedly show a greater soil depth than was originally thought. I need hardly remind you and the other Board members that the possible soil depth was only one of a great number of factors which you based your speedy and unanimous decision on: the others being complete opposition by the local residents as shown in testimony and petitions, opposition by RLEP, serious drainage problems, the certainty of depressed land values, the fact that the Updikes totally failed to meet the various evidenciary burdens placed upon them by the Virginia Code and the Zoning Ordinance, and others.
John H. Blears, 3rd
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