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By JANE BANGLEY
Rappahannock Neva Staff Writer
An appeal filed by Mr. and Mrs. Roger Kidwell of Flint Hill was decided in favor of the Kidwells by the Rappahannock County Board of Zoning Appeals on Wednesday, September 26.
The appeal was made July 27 in response to a decision by Zoning Administrator David Konick allowing Ms. Patricia Saltonstall to build a house for her workers.
The questions raised by the appeal involved the duplex-style design of the building, its intended use as a singlefamily unit, the definition of “single family,” and whether or not the BZA had jurisdiction in the case.
Doug Baumgardner, Saltonstall’s legal counsel, attempted to submit a statement by Saltonstall and some material on the Virginia Supreme Court’s view of the term “single family” on Wednesday. However, the board refused to consider the information.
“I have a problem with accepting any more evidence at this time because I thought that we had decided that the hearing was over,” said Sharon Luke, vice-chairman of the board. “I don’t know how all of us can fairly read it and make a decision today.”
The BZA was required to make its decision on Wednesday by a Rappahannock County Ordinance' provision which states that a decision has to be reached within 60 days of the date the appeal is made.
"My understanding was that the hearing was adjourned at the last meeting,” Baumgardner said. "That to me would indicate that there would be granted to the parties concerned opportunity to present evidence or arguments if they think it is appropriate to do so.”
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