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conflicting precedent, I wouldn't have any problem with it." Miller added.
Luke claimed that the commercial designation on Mills store was left oft the county map by error when the zoning ordinance was adopted in 197.1. He pointed out that all of Rappahannock's other existing grocery stores were colored commercial at that time.
"The cause of the problem is lack of enforcement." countered Estes.
"Who's going to enforce (the zoning and subdivision ordinances)? Name me someone." Luke demanded.
Fannon suggested that the best line of action on Settle's application would be to deny his rezoning request and then let him continue the garage operation, with the county looking the other way on enforcement as it has done for the past three and a half years.
To enforce or not to enforce is the discretion of the zoning administrator, according to Baumgardner.
Fannon emphasized that the county’s comprehensive plan, recently adopted after years of work, specifies areas for future commercial growth which don't include the vicinity of either the Mills. Dodson or Settle garages. If the Settles’ request is approved. it will constitute spot zoning, he said.
"It is spot zoning but it won't be the first time we've done it," Luke concluded.
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