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eral public that leads to confusion,” he said. “The law makes a definite distinction between a hardship approaching confiscation and an inconvenience.” Hardship approaching confiscation is the legal phrasing of a situation where strict application of the zoning laws would prevent any use of the land, he maintained.
Konick said this definition of hardship is not shown in the Child Care and Learning Center case.
“This is typical of a variance requested because of what the applicant wants to do, not because of a problem with the land,” he said. “There are problems with the play area because'it must be located near windows and doors, but this is a function of the solar design, not one of the site," he said.
“It’s an expense if you have to grade additional land,” he added, “but eveprone has that expense at times, especially if you live in a hilly place like Rappahannock County.”
Konick added that the center must
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