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Worley
From Page A1
attorney David L. Konick, former zoning administrator for the town and Rappahannock County in the early 1980s, are appealing a decision by the Tbwn Council on July 9 which they feel "was plainly wrong and an illegal abuse of discretion."
That decision upheld an earlier one by the town's Architectural Review Board (ARB) denying the Worley’s a certificate of architectural appropriateness under the town's Historic District Ordinance. > The ARB refused to allow the home's construction because it was architecturally incompatible'' with other properties in the town. The ARB took issue with the composite materials being used in construction.
The ARB decision and the Town Council decision were "based primarily, if not entirely, on the construction materials proposed to be used. . .not the architecture, design or external appearance of the proposed building," according to the lawsuit
Nothing in the Virginia Code authorizes a ban on the use of composite materials, the town's Historic District Ordinance does not prohibit them and such a ban would be unlawful, the Worleys said in their appeal.
The Worleys further contended that "nothing in the evidence presented to the ARB or Tbwn Council showed that construction of the proposed dwelling. . .would destroy or encroach upon, or be architecturally incompatible with, any lawfully designated or registered historic landmark, building or structure" in the town.
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