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Not only was the BZA inconsistent in granting the first hardship variance and tabling the second; financial hardship due to personal illness doesn’t qualify as hardship under the terms of the county’s zoning ordinance. In addition, the BZA failed to make findings of fact in accord with criteria for hardship spelled out in the ordinance.
Finally, the approval of a subdivision constitutes a legislative function and falls outside the provice of the board of zoning appeals.
In other counties, the BZA works closely with the zoning official whose responsibility it is to administer local land use regulations. In Rappahannock, animosity on both sides has kept the zoning administrator from even attending BZA meetings, • eliminating one source of legal advice. ,
The BZA chairman’s frequently , aired ill feelings and suspicions toward lawyers has also limited the value of legal advice from attorneys. ]
If the BZA members continue to ( balk at getting — and following — , counsel from those more familiar with 1 the legalities of zoning regulations, it is absolutely imperative that they < themselves become familiar with | Rappahannock's ordinances. Legal advertisements for their meetings 1 explain exactly what variance requests and special use permit applications will be coming up at the next session and the specific section of the ordinance involved in each case. With at least two weeks advance notice of the agenda, the BZA members have more than enough time to learn the facts and issues related to every application.
To protect the integrity of Rappahannock’s ordinances and the pocketbooks of taxpayers who must foot the bills for expensive legal battles, it is imperative that they do so.
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