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‘Man in the middle9
gets zoning exception
By DAPHNE HUTCHINSON
Rappahannock Newt SUIT Writer
At a joint public hearing last Wednesday, R. Glenn Frazier got the special exception he needed to gain title to the land on which his new house sits.
“He’s the man in the middle,” noted Planning Commissioner Werner Krebser. The description fits literally and figuratively.
According to accounts from zoning administrator John McCarthy and Mr. Frazier’s attorney, H. Ben Jones of Warrenton, Mr. Frazier applied in November, 1985, for a building permit to construct a dwelling on 115 acres near Flint Hill. Because the tract was owned by W. A. Gentry, the zoning administrator required written permission to build from Mr. Gentry and at the same time, advised Mr. Frazier to get a plat to subdivide “as soon as possible” for the 25 acres he’d reportedly purchased as a house lot. Under the county ordinance in effect at that time, 25-acre lots were exempt from most zoning requirements and the cut Mr. Frazier proposed to make from the Gentry tract would have been “coihpletely allowed,” Mr. McCarthy explained to the planning commissioners and supervisors.
But Mr. Frazier did not present the plat necessary for subdivision approval to the zoning administrator until December, 1986 - one week after the new zoning ordinance was enacted. And under that new ordinance, 25-acre lots are no longer exempt; the exemption threshold is now 50 acres.- In addition, a special exception permit is necessary before Mr. Frazier’s subdivision can go through because Mr. Gentry has already made three divisions on the parcel in question.
“That was a mistake,” said Mr. Jones of his client’s decision to build before having clear title to the land. “It’s not a usual occurance, but it’s not the first time I’ve seen it happen and it won’t be the last.”
As to the delay in presenting a plat to the zoning administrator, Mr. Jones said that “surveyors were busier last year than ever before in the 25 years I’ve been in this business... The squeeking wheel gets the grease. Mr. Frazier did not harass (surveyor Jim Harris) to get the job done.” Explaining why immediate action was sought through a joint public hearing on the special exception application, the attorney stressed that his client “really does have a problem. There’s a $37,000 bank loan pending on this property. (Mr. Frazier can’t get the loan without title to the 25 acres and he can’t get title without approval of the subdivision.) If you all don’t see fit to approve this permit, I don’t
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