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The Rappahannock Board of Zoning Appeals gave a classic example at last Thursday’s meeting of why it is the arm of county government most frequently sued.
This is the same group that gave us the legal tangle over P.E. Steve DeMent’s Sperryville antique store addition, court cases on the ski area, suits over the Pentacostal campground and most recently a challenged special use permit for a body shop in the old Sperryville co-op.
Last week, the BZA members took two variance requests where both applicants cited the same basis for hardship and approved one while tabling the other pending legal advice.
In the first instance, the BZA members unanimously authorized subdivision of a two $cre lot into two, one acre lots at the request of a woman who has a terminally ill spouse and . finds their current home unsuited for care of an invalid. She plans to sell the house on its one acre lot and build another on the remaining one acre.
Accqrding to the BZA chairman, her case definitely constitute? a hardship.
In the second instance, a couple's request for a variance to subdivide 37 acres into a seven acre lot and a 30 acre lot was tabled pending legal advice. They cited the same medical hardship only in this case the medical hardship applies to both husband and wife and in essence their application involves a boundary adjustment rather than a subdivision because they purchased the land in two parcels, one 30 acres and one seven acres. Since illness prevents them from maintaining the entire tract properly, they wanted to move the boundary line so they could sell 30 undeveloped acres and keep seven acres with a house. The house currently sits on the original 30 acre parcel.
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