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Regulations Not Satisfied
McNear explained that the breezeway wouldn’t satisfy ordinance regulations that apply to building in a residential business district and flood plain. Because of the location of DeMent’s property in RB 1 District he may only “repair, improve and upgrade an existing facility”—not build a separate structure, said McNear. He maintained that the addition of a breezeway would not classify the new building as part of an existing facility.
According to the minutes of the reconvened open meeting, the consensus of the Board was that DeMent “has continued to act in defiance” in proceeding with construction in violation of special use permit after being repeatedly warned. The BZA members voted unanimously to revoke his permit and noted that DeMent was liable under provisions of Article 15-2 of the Zoning Ordinance. The ordinance
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