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from the side lines in effect at that time. “And he could do that."
When the lot was offered for sale at $11,500. “it struck me as fairly low, and 1 thought there might be problems," Mr. Hur said. He learned that the zoning regulations had changed and that the lot was now unbuildable without a variance. "1 said I’d give him $7,000 without the variance. He said he'd paid $10.000 and wouldn't take less than $11,500. He didn't want to wait for me to apply for a variance, so I said I d give him $500 on a contingency contract, whether I got the variance or not."
Hardship finding justified, but conditions will recur
Going through the findings, the BZA members were unanimous that strict application of the zoning regulations would work a hardship. But after examining the maps of the subdivision, they also agreed that the conditions giving rise to the hardship were of a general and recurring nature.
"The only amendment possible would be to rezone the whole section to a greater density so that the setbacks are less stringent." Mr. McCarthy advised.
"It won't necessarily be in accord with good zoning practices," conceded Mr. Bird. “But it can be dealt with, if the supervisors want to do it." He recalled that in a similar instance of setback problems in the village of Flint Hill, the BZA denied a variance request, referred the issue to the Board of Supervisors, and the Board "amended the ordinance to apply only to Flint Hill."
By unanimous vote, the BZA rejected Mr. Hur's application but agreed to again ask the supervisors for a general ordinance amendment applicable to the Rappahannock Lakes Subdivision, noting that “failure (to enact such an amendment) would impose forfeiture and confiscation on a number of property owners" in that development.
"I hope the property owner will extend to Mr. Hur the time necessary to take this to the supervisors." said Mr. Kramer. “If the supervisors can't formulate a general regulation, then that removes the only obstacle to making the findings (for a variance)," he added.
"Can you say then that you would grant a variance?” Mr. Hur asked.
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