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By Nicholas M. Horrock
Rappahannock News Staff Writer
The Board of Zoning Appeals granted a variance to Rappahannock Lakes landowners after County Attorney Peter Luke advised them that the county had imposed a hardship on the couple by changing the setback requirements.
The variance will allow Steven and Melissa Loving of Marshall to build a home on a 0.3706 acre lot in Rappahannock Lakes, a one-time summer cottage community. Building of year-around housing has turned it into one of two “subdivisions” in Rappahannock. The property is on Lot 11, Section 2 on Pine Drive in Amissville.
The BZA voted in February to hold action on the application of the Lovings to obtain Luke’s advice, and to give the young couple a chance to see if they could recast their application to reduce the size of the variance they needed.
The Lovings testified under oath that they paid $40,000 for a 90 foot by 197 foot lot, not knowing that a change in zoning regulations made the lot too small for the 40 by 27 foot home they planned to build. They said the owner did not appear to know about changes in the regulations, and that the real estate broker they used did not warn them of the requirement.
Luke said in a letter to the BZA that “it is clear from these cases (he
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