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show it cannot construct any type of dwelling on the land in order to prove hardship under the law.
Representation Problem
Besides hardship, the problem of representation continues to trouble the zoning administrator.
“The very facts that led me to approve the previous requests are now being refuted by the applicant.”
Konick cited sections of the law charging the zoning administrator with confirming that there was sufficient flood-free land available for building before approving a plat.
“This is a dangerous area,” he said. “We can’t have applicants proving to the BZA that there is not sufficient flood-free land without a variance when they have already proved to'the zoning administrator that there is.”
Doug Baumgardner, who became involved in the case when he appeared before the BZA as a neighbor to the proposed construction, disagrees with Konick.
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