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alleviation of a hardship in its variance application.
“I have a problem... 1 don’t think we would approve this if it wasn’t already constructed,” said BZA member Sharon Luke. “This is a self-imposed hardship.”
Donavan agreed that with a larger easement, the setback distance from the road specified in the zoning ordinance could be met. He acknowledged, however, that CenTel had not discussed getting additional land with metcalf.
Bad Faith?
“CenTel is bootstrapping itself into a variance situation when (the utility) hasn’t shown good faith,” Konick maintained. “And to make matters worse, they constructed the facility before they got a building permit.”
“Maybe 1 jumped the gun,” replied John K. Brown, contractor for the project. “But is this considered a building?”
After lengthy discussion and with Chairman Bird opixjsed BZA members Luke, George Muth and James Swindler held that the concrete pad fell into the category of structure and thus required a variance since it sat 11 feet from Route 522 rather than the 55 feet specified by the ordinance and 22
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