/ Mr. Baumgardner also said the location was in

Mr. Baumgardner also said the location was in the woods where it would be screened from neighboring landowners. He presented the BZA members with letters from several neighbors supporting the applica' ‘ tion. Mr. Baumgardner also presented a letter from Mr. Lee’s mother stating that she intends to live in the apartment. She is currently living in a trailer park in Fairfax County that will be replaced by a shopping center.

Mr. Baumgardner noted that the burden is on the applicant to show that the proposal meets all the general standards for special use or special exception permits and also the specific standards for family apartments.

He went through the general standards which relate to such things as preserving the neighbors’ right to enjoy their property, traffic, health and safety. The specific stanif. dards say only that a family apartment cannot be larger than 800 square feet and may be in a separate building. The apartment must be occupied by a family member for two years, and no more than three people may occupy the apartment. Nothing in the zoning ordinance specifies how close to the main house a family apartment must be. Mr. Baumgardner said his clients would be willing to put a restriction on the deed to their property prohibiting the subdivision of their property unless the density allowed under the zoning ordinance changes. Mr. Reynolds suggested that the BZA members require the apart—* ment be located close to the main house. He said that a court might order the property to be divided, and that it would not be difficult to dig a new well and put in a separate road. He cited a case in Albemarle > County where a court had ordered that a fairly large property be di! vided in spite of the fact that it did not have enough road frontage to qualify for subdivision under Albemarle County’s zoning ordinance. “I don’t like the precedent of saying a family apartment can be anywhere on the property,” Mr. e Reynolds said. “What if it were 25 * acres?” “Are we to be governed by what 8 you like or don’t like?” BZA member « Lee Bird asked. He said he was “dis* tressed” that the ordinance had no J definition of family apartment. J Member James E. Swindler sug» gested that Mr. Reynolds take his * concerns to the Board of Supervise sors. “Your criticisms go more to the * ordinance than to the case before us, * Mr. Bird said. “We are instructed by ! the ordinance itself.” “You can impose reasonable re; strictions,” Mr. Reynolds countered. He suggested that the BZA require . the building be within 75 feet of the " main dwelling so that it could not be * divided off without violating setback «. requirements.