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wells are met. On Tuesday. commonwealth’s attorney Douglas Baumgardner advised the BZA that side setback regulations take precedence. making a variance mandatory before a building permit can be issued for the lot in question.
In order to obtain a variance, the zoning or-' dinance requires that the property owner show the property was "acquireci in good faith.” Before it is empowered to grant a variance, the BZA must also find that strict application of the ordinance would produce undue hardship.
Baumgardner was asked on Tuesday to research both points and give the BZA a written opinion as to the meaning of "acquired in good faith” and "undue hardship.”
Jenkins’ variance request will be taken up at the BZA's March 4 meeting if the opinions are available by that time.
In a unanimous vote, the board members agreed to suspend issuance of a subpoena for David Farrar, owner of the property Jenkins is seeking to buy, until they get the two legal opinions from the commonwealth’s
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