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how the zoning ordinance should be written, which is a legislative prerogative of the Board of Supervisors and not the Board of Zoning Appeals. the zoning administrator said.
Chairman Bird stressed that the issue is not whether an amendment is possible but whether it is reasonably practical. And based on the difference in size and shape of nonconforming lots the supervisors have concluded that in this case, an amendment is not reasonably practical or in the best interests of the county, he noted.
"There are differences, but it’s still basically the same problem and it’s all setback,” said Butch Zindel, siding with Mr. Kramer.
But with a variance as opposed to a general amendment, “we can allow the minimum to provide relief," Mr. Bird countered.
“We can get the best deal we can for the county,” agreed Mr. Gottlieb. “We’ve exercised the one option we have — to refer it to the Board of Supervisors. I don’t see now why we can’t make this finding."
To choose not to enact the amendment “is their decision, but it leaves me unable to make the finding," said Mr. Kramer, adding that if the variance is denied as a result, the present owner’s action “is a suit against the county."
"His first action would be a suit against this board for denying the variance.” interjected Mr. McCarthy.
By majority vote. Chairman Bird, Mr. Gottlieb, and James Swindler found the setback problem in Rappahannock Lakes not correctable by general ordinance amendment. With this remaining obstacle to the variance removed, the BZA members agreed that setbacks of 20 feet from the sidelines and 50 feet from the front would be the minimum to afford Mr. Hur relief.
Approval sets strict conditions
They further voted unanimously to make reaffirmation of the septic permit — based on 1988 standards — a condition for granting the variance and directed that the soil’s suitability for subsurface waste disposal be assessed through a percolation test. In addition, they asked for reassurance from the Health Department that the existing ungrouted well, or a new private well dug on the property, meets state standards.
Mr. Hur noted the final condition may present a problem since sanitarian Jack Lockhart has said he “won’t have anything to do with the well.”
Mr. McCarthy reported that it’s the Health Department’s policy to refuse private well inspection in an area served by public water. However, in the case of Rappahannock Lakes, where the public system is clearly inadequate, “they’ve been doing it, but they haven’t liked it.”
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