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By DAPHNE HUTCHINSON Rappahannock !Ncws Staff Writer
The Board of Zoning Appeals unanimously approved a variance on setback regulations for Levi Atkins last Thursday, legalizing the house that Atkins had already built just 30 feet from the Highway Department property line on Route 211.
“1 think this is definitely a hardship on Mr. Atkins and I think there is plenty of room for confusion,” stated chairman Josef Gardiner in supporting the variance request.
Atkins was issued a building permit for the house on September 12, 1978. The permit stated that the setback distance should be 75 feet.
At Thursday’s meeting, Zoning Administrator Evan McNear noted that the permit was incorrect in that setback distance from Route 211, a four-lane highway, was 55 feet from the property line instead of 75 feet. Atkins' house, according to McNear, is situated 27 feet away from the fence that marks highway department property.
“The right-of-way line is behind the fence,” interjected son Jack Atkins, adding that the fence had been moved when telephone lines were installed.
“That adds about three feet,” McNear replied.
BZA member George Muth asked McNear for his recommendation on the variance request.
“I hate to see the variance laws ignored (but) I have a strong feeling that it wasn’t done intentioanlly in this case,” McNear replied. “I feel that Mr. Atkins and his sons thought they were close enough to the law.”
“We just made a mistake,” Atkins said.
“You had a short tape,” Admiral Gardiner joked.
To avoid any confusion in the future, Gardiner said, building permits should include information as to whether, setback distance is measured from the center line or the property line of a
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