And Rappahannock Lakes is not the only place in the

And Rappahannock Lakes is not the only place in the county where such setback problems exist. As Mr. McCarthy pointed out, the lots in the Blue Ridge Estates subdivision at Chester Gap are even smaller. It’s true that in that case health department regulations are more difficult to comply •with, and most owners who have built there have done it by combining multiple lots.

But if Rappahannock Lakes is given a “bye” as a nonconforming subdivision, it’s possible that someone, somewhere else, will request the same treatment. Again, a court is likely to find the granting of one request and denial of others difficult to support.

Mr. Hur’s Rappahannock Lakes neighbors are against the granting of his variance, complaining that the resulting "clutter” will make the subdivision more crowded and less appealing.

That may be true, aesthetically. Legally, however, as Butch Zindel pointed out, certain rights are attached to legal parcels of property, as Rappahannock Lakes Lot #3 is.

Unfortunately for the residents already living there, those who own undeveloped parcels in the subdivision also have certain rights which attach to those properties. They pay dues to the association, and they help to maintain the common areas. It’s unlikely they bought the properties with the intention of limiting their use to camping and playing volleyball there.

The truth is, the county finds itself in an awkward position. But it appears that, through whatever mechanism, it will have to allow a dwelling to be built on that lot.

Although Mr. Hur’s request for a variance is unlikely to be the last one to come from Rappahannock Lakes, each request must be considered on its own merits. As BZA chairman Lee Bird pointed out, the granting of a variance does not establish a precedent.

Given the options, it seems that granting Mr. Hur his request for a variance is the best of a group of bad choices.

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