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value to an interested homebuilder, generating more funds to support Amissville rescue services.
“From the record, there is no reason to believe that the character of the Zoning District would be changed by the variance, or that the granting of the same would otherwise undermine the intent and spirit of the zoning ordinance,” wrote Judge Parker in his opinion.
“We are delighted with this outcome,” said David Konick, attorney for the AVFRC. . A complicated back story
The battle between the BZA and the AVFRC concerns a one and a half acre parcel of land charitably donated to the fire company for resale. The parcel is surrounded by Route 729 .and Route 676, and “setbacks” or legal requirements for how far from a roadway residences may be located currently prevent any building on the site. The AVFRC wanted the variance granted so that they could sell the parcel for greater value as a possible residential property. The BZA denied the variance in July because the applicant had not submitted a specific site and because they did not find that “granting of the variance would alleviate a clearly demonstrable hardship,” despite testimony from real estate appraiser Alvin Henry that the land was worth “almost nothing” without the variance.
Judge Parker disagreed with the BZA
“The Court feels that the applicant here has carried its burden in showing that there is no reasonable beneficial use of the property other than as a building site,” wrote Judge Parker.
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