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diate future, "some economic loss will be suffered.”
Mr. McCarthy added that he has notified Commonwealth’s Attorney Peter Luke, the county’s legal advisor, of the events to date.
Other grounds for denial?
Although the zoning administrator’s denial of the application for family exception is based on intent to circumvent the zoning ordinance, there may be other grounds from which to hang a rejection.
According to Mr. McCarthy, the daughter intended as a recipient of one of the proposed lots may have already received a lot created through the family exception in another county.
Reviewing the records on the 33acre parcel, Mr. Miller pointed out that the property has already been divided three times since 1962. That leaves only two divisions, even with the family exception, before the landowner must comply with all density regulations, he noted.
The zoning administrator concurred with Mhr. Miller’s reading of the fiirther condition tacked on to family transfers by Rappahannock’s zoning ordinance. "But it concerns me because there’s no provision for that in the state enabling legislation,” he added, saying he preferred to rely on the prohibition against drcumvision of the zoning regulations.
"I just want you to be apprised,” Mr. McCarthy told the commissioners. "If the challenge (to the restrictions on the family transfer exception) doesn’t come this time, it will come soon,” he predicted. "It has happened everywhere else in Virginia.”
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