Block · one region of the page, as the scanner read it. It may hold a whole story, part of one, several, or an advertisement; stitching blocks into articles is the next step. Text is supplied OCR.
Page 1 · column 3 of 4 · from the scan, no model involved
Strict application of the zoning regulations would result in undue hardship approaching confiscation by effectively prohibiting or unreasonably restricting the use of the property.
• The hardship is not of such a general and recurring nature as to be correctable by an amendment to the zoning ordinance.
• Issuance would not be of substantial detriment to adjoining properties or change the character of the neighborhood.
The BZA stumbled over the second finding, ruling that similar setback problems existed for many of the 40 or so unimproved lots in the 70-lot subdivision. Accordingly, the BZA concluded that the issue should be addressed by the Board of Supervisors through an amendment to the zoning ordinance. . Zoning administrator John McCarthy disagreed, maintaining that (1) the setback problem is different with each Rappahannock Lakes lot, and (2) rezoning to a denser zoning district or a new zoning category,, with less stringent setback regulations on either option, might constitute illegal “spot zoning" and would certainly be inconsistent with good zoning practices and the goals and objectives of the county’s comprehensive land use plan.
Under the county’s zoning ordinance, a non-conforming lot does not qualify for a variance if it has ever been under the same ownership with an adjoining, mergable lot. Of the 40 unimproved lots in Rappahannock Lakes, 12, including Mr. Hur’s, belong to singlelot owners, Mr. McCarthy told the supervisors on Monday. And of that 12, “definitely four lots and probably five or six can meet the existing setback regulations. So you have a half-dozen to a dozen potential variance applications."
Rappahannock Lakes is an island of three or four dwelling units per acre surrounded by agriculturallyzoned land with a density of one dwelling unit per 25 acres.
The county’s 1986 decision to rezone the subdivi
85.3%