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The adjacent parcel had three two-acre lots approved by right just two months ago, noted Mr. Baumgardner. “If you’re talking about a leaky gasket, the gasket’s already leaked!” he said, contending that the future use of Mrs. Doares’ property had been changed without notice or hearings, in violation of state law, by the authorization of the Kellersons’ three family transfers under Rappahannock’s “five-cut” rule. With the limitation to five divisions, “legal and illegal,” on lots of record as of 1962, the county “arbitrarily slams the hammer down on the density exemption,” the attorney argued.
At the commissioners’ unanimous recommendation of denial for Mrs. Doares’ request for a special exception permit to subdivide five acres for her son, Mr. McCarthy advised a similar rejection of her proposed ordinance amendment. Allowing a blanket three divisions from all lots “is not the solution,” he said, adding that Rappahannock’s “five-cut” rule is in compliance with the state code which requires merely “reasonable provision for a single division for transfer to a family nl®¥nber.” 0
Question of “justice and fairness”
“I am a native of Rappahannock. My people lived here before the Revolution, before the Civil War, before emancipation. My father, Paul Brown, lived here all his life. He died here. He loved this county,” Mrs. Doares read from a prepared statement. “My son and I want to return to the land of our roots ... My case is not about development. I have no desire to develop this beautiful place. I do, however, have a commitment to fairness and justice. I am denied both.”
“I could understand being treated differently from my neighbor if our zoning laws had placed the
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