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(Continued from Page 1) property.
“What about insurance?" asked Gardiner.
Russell replied that he could obtain insurance on a restaurant constructed within the floodplain boundary but acknowledged that his premiums would be higher than average.
Baumgardner explained to the BZA members that Russell’s request involved two separate permits: a special use permit to operate a campground, (a use allowed by permit on the portion of the property zoned agricultural) and a variance for construction of buildings in a floodplain zone.
“You have the authority to grant a variance for new construction in a floodplain although the intent of the ordinance is to prohibit it.” Baumgardner advised the BZA. “But the landowner will have to meet the burden of proof by showing a hardship and I think you will have to scrutinize this very, very carefully before you allow it.”
(The Rappahannock County Zoning Ordinance states that “no permit shall be issued for any building, structure or sewage disposal system to be located on a floodplain." The ordinance, however, also allows the BZA to grant a variance to any regulation as the applicant can demonstrate that strict application of the ordinance will cause "undue hardship" not shared generally by other properties in the same zoning district. Section 16-2-2 which sets out the conditions to be met before a variance can be granted also states that “all variances shall be in harmony with the intended spirit and
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