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impinges on the Morehouse land, Mr.McCarthy added. “I don’t think it’s the county’s responsibility to ascertain for Mr. Morehouse whether it encroaches on his property.” To deny the permit, he said, “we need something more substantial than an allegation.”
Mr. Kramer proposed a condition specifying that the permit for the bed and breakfast be invalid upon a court’s ruling that the road encroaches on the Morehouse land. “For the purpose of your business, access is a concern,” he explained to Mrs. Wagner, emphasizing that if a court finds encroachment, she would then have to reapply to the BZA and gain approval for a new road alignment entirely upon her property.
“I think that’s perfectly fair,” she agreed.
“I don’t think it takes care of the public interest.” Mr. Reynolds interjected. “It’s up to the applicant to prove the parts of the permit... to prove it should be issued. She has to show that she has proper access.”
“What I see on the table right now is a statement that the access is legitimate and only an allegation that it’s not,” rejoined Mr. Kramer.
“Who should pay (for the survey)?” asked Mrs. Wagner.
“Dotsie Davis - she’s taken the money and she’s gone off,” said Mr. Reynolds. But since Mrs. Davis has divested herself of the property, the responsibility falls to the new owners, he said.
“I have a survey that shows the road is on our property, and I have title insurance to that effect,” Mrs. Wagner insisted.
“The title insurance insures either her or her bank. It doesn’t insure Mr. Morehouse,” the attorney interjected.
Mr. McCarthy repeated that the lot subdivided in 1985 and bought by Mr. Morehouse should have had boundaries set by pins and comer markers. Mr. Morehouse says they weren’t and the second surveyor, Brian Throssell, acknowledges that the final pins might not have been set, the zoning administrator said. “He was going to get back to me but he had a heart attack . . . We don’t
54.7 WOODED ac., clean area between Washington and Flint Hill, Va. View, plentiful game, near Shen. Nat’l. Park.
21 ACRES WITH
5 ROOM HOUSE on Mountain Farm at Foot of OLD RAG protected from people and weather. $95,000.
J. Newbill Miller,
Realtor
703-675-3691
93.9%