Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, September 28, 1995                   TAG: 9509290019
SECTION: NEIGHBORS                    PAGE: W-10   EDITION: METRO 
SOURCE: 
DATELINE: NEW CASTLE                                LENGTH: Medium

CRAIG ZONING APPEALS BOARD DECISION CHALLENGED

The supervisors voted Tuesday night to file a petition in Craig County Circuit Court seeking to overturn a zoning board decision granting a variance to Earl F. Devinney Jr. The variance would allow Devinney to place a mobile home on property that he also is using as a business site.

"That is just opening a can of worms," said Zane M. Jones, supervisors chairman. "We might as well throw the zoning ordinance out" if the zoning board decision stands.

Devinney obtained a conditional-use permit from the board of supervisors last year to establish a business in an agricultural zone, about four miles south of New Castle on Virginia 311.

The board of supervisors rebuffed his request for a second conditional-use permit to allow the mobile home because the zoning ordinance does not allow two uses of the same property.

County Attorney James E. Cornwell Jr. said the supervisors have 30 days after the appeals board's action to file a petition challenging the decision. He said he will file the petition against the board of zoning appeals, and not against Devinney.

"I hate to do it," said board supervisor John M. Lee as he voted in favor of filing the petition, "but for the safety of the zoning ordinance, I think we have to do it."

In other business, the supervisors approved a conditional-use permit for Mountain View Christian Church to operate a preschool program.

The supervisors also voted to add $1,050 to the budget of Treasurer Sandra C. Reynolds,to prepare the annual tax tickets for county residents.