reversal of

reversal of

lot variance

By SHARON KILPATRICK

Rappahannock News Staff Writer

The Board of Zoning Appeals learned at its meeting last Wednesday that it is a defendent in a civil lawsuit . brought by Whippoorwill Associates, challenging its deci- . sion to grant a variance from setback requirements for a lot owned by William G. Roy on Route 626 in the Tiger Valley near Washington.

The suit asks the Circuit Court to issue a writ of certiori to review the BZA’s decision and find that it will be necessary to take “additional evidence before a final decision is reached on the merits,” according to the brief filed by the plaintiff.

At its November meeting, the BZA took testimony from J. Newbill Miller, who was acting as the real estate agent for Mr. Roy. Mr. Miller said that Mr. Roy was in poor health and wished to sell the property.

Mr. Miller also introduced Kurt Gosman, who said he wanted to purchase the .77 acre triangular-shaped prop-’1' erty on which to build a house. In order to build and keep the prescribed distance from a stream running through the property, a reduction of 20 feet from either the front or rear setback requirements was necessary, Mr. Miller said. The BZA voted unanimously to grant the variance, giving Mr. Gosman the option to take the 20-foot variance from from the front or rear or a combination of both.

The suit, filed by attorney Frank Reynolds on behalf of Whippoorwill Associates, claims that Mr. Roy may not have had clear title to the property, which had been owned by his family since the 1890s. Furthermore, Whippoorwill Associates was in the process of negotiating a land swap with Mr. Roy that would have made the variance unnecessary.

Included in papers filed in support of the suit are: copies of deeds on the notes on various Roy heirs, copies

See BZA, p.5