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public sewer or both. They did put in public water, but it's failed.”
i Predicting that the development eventually will have to be served by public sewer, Mr. Miller showed the BZA soil maps which rate the soils in Rappahannock Lakes in general and Mr. Hur’s lot in particular as fair to poor for septic fields. He acknowledged that the Health Department has already approved the septic field on Mr. Hur’s lot but added that the approval was probably based on soil evaluation rather than a percolation test. “I doubt seriously if any of these lots have had perc tests,” he said, asking that if a variance is granted, it be conditioned — at a minimum — on such a test
But he cautioned that issuance of the variance will affect residential zoning districts all over the county by giving credence to the philosophy that “here exists a lot, so a man has a right to build a house on it.” The county did not approve the lots in Rappahannock Lakes, Mr. Miller acknowledged. But, he pointed out, prior to enactment of the zoning and subdivision ordinances, no approval was necessary; lots were simply platted and recorded. So there is no vested right to build a house on the lot and no restriction approaching confiscation by denial of the variance application, he maintained.
If the Health Department had refused septic field approval and a building permit was denied on that ground, the question of confiscation would not even arise, Mr. Miller added. And if a house can’t be built on the lot,
See VARIANCE, p. 16
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