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By DAPHNE HUTCHINSON
Rappahannock New. Saaff * ritrr
According to aft opinion from Virginia attorney general Marshall Coleman, the residential subdivision district of Rappahannock’s zoning ordinance is invalid under provisions of state law.
“The RS-1 district provided for in Article 6 of the Rappahannock County ordinance may serve some valid zoning purpose, but I do not see what that purpose may be. Absent some valid zoning purpose, ‘ the kS-1 district serves only as a device for conferring legislative discretion on the county governing body where no such discretion is authorized by statute.” Coleman maintained in a written opinion to commonwealth's attorney Douglas Baumgardner dated June 4. 1981.
Baumgardner cited the attorney general's opinion in a December 3 memorandum to local government officials. The memorandum dealt with a question from the county's board of zoning appeals as to whether a variance should be granted to Mr. and Mrs. Frank Neal of Castleton.
The Neals applied in September for a variance to subdivide a 37-acre parcel zoned residential subdivision into one seven-acre and one 30-acre lot. The county ordinance prohibits division of any lot zoned residential subdivision (RS-1), thus the need for a variance.
Following a public hearing on the Neals' request, the BZA tabled their application, pending legal advice,
In a letter to zoning administrator Evan McNear
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