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He proposes to construct a modest twostory, two-bedroom house, a 20 foot by 20 foot structure. At public hearings before the Planning Commission and the Hoard of Zoning Appeals, Mr. Hur explained that options for siting the house are limited.
The lot is only 150 tee! iontr. A drainfield installed by Mr. Tracy m lio-ti had to be put 50 feet from the lake. That leaves l'*o feet for the house. But any structure must be 20 feet from the drainfield on the rear >ide and 75 feet from the lot line at the front. if Mr. Hur built a house to current zoning standard-, it could only be five feet long.
The lot is 90 feet at its widest bordering the road and tapers to so feet. Regulations stipulate that a structure must be 50 feet from the property lines on either side. That means there’s no way any house can be built and still meet the side setback regulations.
Setback changes a problem
Mr. Hur initially applied for variances of 20 feet from the front lot line. 50 fbet from one side line, and 30 feet from the other.
Rapphannock’s zoning ordinance stipulates that lots such as the one in question, which were legally recorded and did meet the regulations in effect at the time, may be put to any use permitted in the applicable zoning district — in this case a private dwelling allowed by right in rural residential zones. Further, it specifically authorizes the Board of Zoning Appeals to reduce yard requirements if so doing would not unreasonably restrict the use of adjacent lots.
But under both local ordinances and state enabling legislation, the BZA must apply four tests before granting a variance:
1. Would strict application of the ordinance produce undue hardship approaching confiscation by effectively prohibiting or unreasonably restricting the use of the property?
2. Is the hardship.of such a general and recurring nature that it can be corrected by an amendment to the zoning ordinance?
3. Would the authorization of the variance be of substantial detriment to adjoining property? • i
Would it change the character of the neighborhood?
Failure to satisfy any of those standards means failure of the variance application; satisfaction of all four means the variance must be issued.
By majority vote at a public hearing two weeks ago, the Planning Commissioners (with Bob Anderson opposed) recommended that the BZA deny Mr. Hur’s variance request.
“Originally, somebody put in that septic field. Then they knew they couldn't build on the lot. You didn’t put any money out for that septic system, so there’s no hardship on you,”
See VARIANCE, p. 14
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