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A contract buyer who knowingly agrees to buy property with development restrictions and then seeks a zoning ordinance variance as a way around those restrictions doesn't qualify for the variance on hardship grounds, according to a ruling from Virginia Attorney General Gerald Baliles. ,
The opinion was requested by commonwealth’s attorney Douglas Baumgardner in regard to a case currently before the Rappahannock Board of Zoning Appeals.
Wavne Jenkins applied last February to the BZA for an area variance from side-yard and set-back provisions for a lot which is one of several on Route 626 near Washington initially subdivided in 1899.
Owned by Warrenton speculator David Farrar, the parcel in question Is 95 feet wide at its widest point.
Jenkins is the contract purchaser of the lot with his contract contingent upon the securement of necessary zoning approvals. In order to build a house for resale as he currently plans, he must obtain variances to zoning regulations which require 75 feet setback and 50 feet sideyard for single family residential structures on agriculturally zoned land.
Following the hearing on Jenkins' application in February, the BZA tabled the variance request, {rending legal advice.
“The evidence before the board shows that the lot in question meets all health department standards, that
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