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complying wttn provisions oi the zoning ordinance,” said Baumgardner. Moore took this position, he maintained, “with full knowledge that he could have installed the Alpine slide and put the property to all other uses sought without being prosecuted for a violation of the zoning ordinance.”
Reasonable Conditions p Baumgardner maintained that Moore had dealt with the county in good faith by amending his original application to reflect what he thought was the thinking of the BZA. “From the outset, he indicated he was willing to accept any reasonable condition set by the Board,” claimed Moore’s attorney.
By denying the use permit application in its entirety, Baumgardner continued, the BZA has deprived the ski corporation of its right to use the property for not only an Alpine slide but also for skiing.
“The Board has also taken one additional step,” said Baumgardner. “In spite of the fact that the law doesn’t contemplate an ‘inadvertent’ zoning, the Board has made a finding of fact that the present commercial zoning of the ski area was done inadvertently and without the full knowledge of the Board of Supervisors. On the strength of this finding, the Board evidently recommends
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