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What IS in the record is reference to the amendments being a way out ol litigation with the ski area. The Rappahannock Ski corporation filed suit in a writ of certiorari against the Board ol Zoning Appeals after the BZA denied the ski area’s special use permit application for an alpine slide, skiing, swimming pools and tennis courts— all the uses that the new amendments would allow by right on the ski area’s Harris Hollow property.
Noting that adoption of the proposed amendments would help clarify the zoning ordinance, the August 3 minutes from the Supervisor meeting state that adoption would also mean that the Rappahannock Ski Corporation “would dismiss the certiorari proceedings against the Board of Zoning Appeals.’’
In a letter accompanying the proposed amendments presented to the Supervisors on August 3, Commonwealth Attorney George Davis wrote that adoption would “bring a quick end to the troublesome and expensive litigation now pending.’’
At that same meeting, signaling their clear intent to adopt the amendments no matter what transpired at the public hearings, the Board of Supervisors issued a building permit to the ski area for construction of the snowless Alpine slide. The permit was issued despite a previous ruling from Judge Carlton Penn that held a special use permit was required under existing county regulations. The building permit was therefore invalid without the proposed ordinance amendments.
There are further inconsistencies in the record on the ski area amendments. The Planners voted to advertise for public hearing jointly with the Supervisors AFTER the notice of publication for the hearings was sent to the Rappahannock News. In addition, the Planning Commission held two special meetings during its deliberations on the amendments with no public notice and with no minutes kept on the proceedings.
Now the Supervisors are faced with another suit—the same threat that led to the rushed-through ski area amendments.
Put it all together and it comes out a mess. Not only has couAty government opened Rappahannock to the danger of uncontrolled commercial exploitation by passing amendments that allow recreation for profit on steep slopes without a use permit, but they've bulldozed procedural steps in the process. All this and there’s still no definition of recreation in the county’s zoning ordinance.
It’s time for the Supervisors to give serious consideration to repealing or at least revising the recently adopted zoning ordinance amendments and they should begin at their December 7 meeting.
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