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feet from Route 729 instead of the necessary 75 feet.
As to granting the variance, Swindler maintained that the utility had not acted in good faith by its failure to apply for the necessary permits before going ahead with construction. “As long as the telephone company has been in business in this county, they should know what the ordinance requires,” he said, adding that Metcalfe, a citizen of the county and owner of the property in question, should likewise have been aware of zoning regulations.
Luke agreed that if the utility couldn’t meet setback distances given the size of the parcel on which they held the easement, then the hardship was self-imposed and therefore did not qualify as grounds for award of a variance.
Donavan pointed out that CenTel in 1979 built two cabinets in Chester Gap and Huntly identical to the facility constructed at Flint Hill without needing a vari
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