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ever been a precedent that could not be distinguished on the facts? Even if the new zoning ordinance retained the 160foot setback rule, a variance for this applicant would have little probative value for a future applicant—unless that applicant wanted to build a comparable facility on five acres, with a marshy area underfoot and a high-voltage power line overhead.
I urge the Board of Zoning Appeals to set the precedent in acting favorably on this variance request, that, in permitting this construction within the 160-foot limitation, it recognises the greater good to be served for the people of Rappahannock by this applicant than by a literal reading of a soonto-be-abandoned regulation.
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