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Potter said that no reason was ever given Goode for the original denial of his development under the subdivision ordinance. “The ordinance requires a reason,” he stated, adding that he concluded the reason lay in the pending zoning litigation. “Only recently,” Potter claimed, did the question of slope arise. He maintained that Goode “was never advised that was a problem.”
“Does the ordinance define whether the entire lot (or) a major portion must be under 14 percent (slope)?" asked Judge Penn.
“It doesn't define,” Potter responded. He maintained that the ordinance addresses overall subdivisions not individual lots by requiring developments under 25 acres and without public water and sewer to have five acres per lot under 14 percent slope. Potter added that he didn’t think many 5 acre lots in the U.S. — particularly in Rappahannock—had a total area under 14 percent slope.
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