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studied) that the applicants here would suffer a ‘hardship’ unless the variance is granted. It is also clear on the facts of this case, the hardship should not be considered to be selfimposed.”
He pointed out that the Lovings “were not aware of the setback problem at the time they purchased the property.”
Luke said “the hardship here, the inability to construct a residence on property zone for that use, cannot be said to be self inflicted; it was created when the County changed its setback requirements after having initially approved the lot for residential use in the early 1960s.
“Therefore, it is the County’s change of its setback requirements which created the hardship and not an act of the applicants.”
According to County Administrator John W. McCarthy, Rappahannock Lakes was originally laid out in the 1950s as a summer community for camping and the building of summer cottages on about 35 sites.
It is one of two such developments in Rappahannock County, another being near Chester Gap off Route 610.
The owner of the lot would have had enough room to build on the lot under zoning rules in force until 1986, when Rappahannock County
See VARIANCE, Page A8
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