Halls petition supervisors

Halls petition supervisors

The issue of resubdivision came up in another zoning matter — a request for vacation of a subdivision plat filed in 1977. Attorney David Konick presented the petition on behalf of his clients, Ivan and Hazel Hall.

The Halls have challenged the Board of Zoning Appeals’ issuance of a special use permit to the Sperryville Assembly of God church to build a new house of worship and parsonage on 12.8 acres adjoining their property.

Recently, Circuit Court Judge W. Shore Robertson ruled the couple must exhaust administrative remedies before seeking judicial relief. Specifically, he directed them to ask the supervisors to pass an ordinance vacating the plat they allege was illegally approved.

According to records presented by Mr. Konick, the 60.65 acres was subdivided by Charles H. Estes into lots of 26, 26 and eight acres (the last a family subdivision) and approved administratively by then zoning administrator Fanning Baumgardner.

The two 26-acre lots were sold to Oscar Lindgren in 1976. According to deed book 119, Mr. Lindgren then divided one of the lots into two parcels, 12.8753 acres each, both on a 30 foot right-of-way, this subdivision approved by Col. Evan McNear as zoning administrator. Mr. Lindgren sold both lots to Oscar Lozano who has contracted to sell one to the church.

The Halls contend the second subdivision by Mr. Lindgren violated county zoning regulations.

Not only is the resubdivision illegal, Mr. Konick maintained, but the land division violates the ordinance provision that prohibits the subdivision of a lot less than 25 acres on a road less than a 50-foot right-of-way.

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