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mously approved at the April board meeting, the Rappahannock supervisors found the provisions of the zoning and subdivision ordinances requiring a rezoning to the RS-1 district as a prerequisite to subdivision plat approval to be “facially invalid, void and therefore unenforceable.”)
By unanimous vote, the planners recommended that the contiguous property issue be resolved before any further subdivisions are approved by either the zoning administrator or the supervisors.
The planners also decided to consult with legal counsel before writing a recommendation to the supervisors on Richard Johanson’s request for a waiver on subdivision ordinance road requirements.
Mr. Johanson, owner of Charles Goode’s mountain subdivision near Flint Hill, is seeking approval for a deduction in number of lots from 13 to nine and a relocation of the subdivision road in addition to the waiver of the requirement that the road be paved. The redesign of the original plat would make the house sites and the road virtually invisible from the highway, he said. The open field at the front of the 70 acres on Route 522 would also remain open, he noted, while deed restrictions and covenants would set building sites and stipulate that all utilities be underground.
“You’re offering lesser density for a break on the road,” Commissioner David Fannon pointed out.
“This issue goes right to the heart of our ordinance,” said Commissioner Miller. County regulations require that subdivisions with lots under 25 acres be served by roads built to state specifications in order that those roads be eligible for inclusion in the state system for maintenance, he explained.
“Again we’d set an awful precedent,” warned Commissioner Krebser.
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