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BZA, finding that development of the substandard lots in Rappahannock Lakes would best be handled on a caseby-case basis by variance, and “humbly and carefully” asking that Mr. Hur’s application be reconsidered.
In March, Mr. Hur, as contract-purchaser of Lot No. 3, was granted a variance to side and front yard setback distances for the quarter-acre parcel, but that wasn’t the end of his troubles.
The BZA attached a condition to the variance, requiring reassurance from the Health Department that the existing well and septic system on the property meet current standards. But according to sworn testimony, local sanitarian Jack Lockhart refused requests to testify before the BZA and balked at performing a percolation test, which the zoning board directed that the septic reassurance be based on.
And when a deputation from the BZA met with him in his office, Mr. Lockhart insisted he had no authority to determine the private water supply’s status because the Health Department had previously approved a public water system for Rappahannock Lakes.
At the same time, the agency’s Division of Water
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