Rappahannock News

BZA approves family apt amid confusing zoning ordinance

‘You can see how easy it would be to circumvent the ordinance’

- By Patty Hardee

The Rappahanno­ck County Board of Zoning Appeals on December 27 voted unanimousl­y to approve a special use permit applicatio­n for a family apartment to be built on Cabin Lane in Amissville.

Jeffrey Nicodemus and Marjorie Boucher told the commission they want to build a 954-square foot family apartment to house Boucher’s father, who is in poor health.

After his father-in-law passes away, said Nicodemus, the new structure would be used for his or his wife’s business. They said they have no plans to rent to anyone except a family member. Under the current zoning ordinance, a family apartment must be used by a family member for two years.

During the discussion period, the BZA members noted that in the years since the 5-acre lot owned by Nicodemus and Boucher had been approved, changes to the zoning ordinance had establishe­d stricter density limits of one dwelling unit per 25 acres.

Noting that the couple has a right to apply for the family apartment and that it meets the zoning standards, David Konick said, “We have an issue and I don’t know how to resolve it. Maybe we need to send it to the Planning Commission. On lots on less than 25 acres in the agricultur­al zone, there are five 5-acre lots [on Cabin Lane], three with a main dwelling and a second dwelling. So in those five lots, there will be a total of eight dwelling units.

“[This] undermines the integrity of the overall plan in the comprehens­ive plan and the zoning ordinance…. You can see how easy it would be to circumvent the ordinance” by renting to a family member for two years and then using the dwelling as a rental unit.

BZA member William Anderson was absent, but the other members — Konick, Chair Alex Sharp, Vice Chair Jennifer Matthews, and Chris Bird — voted to approve the applicatio­n.

 ?? BY LUKE CHRISTOPHE­R ??
BY LUKE CHRISTOPHE­R

Newspapers in English

Newspapers from United States