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because of poor drainage and a steep upgrade combining with a gully, a right of way and an oddly shaped lot, making only 10 percent of the land useable, representatives said.
Arguments for the Center, presented by Doug Baumgardner, were that the fear of setting precedent should not be a factor in any BZA reaching a decision, since “each case must be decided on its own facts,” Baumgardner said, quoting from a treatise.
He also questioned the reasonableness of an ordinance the Planning Commission saw fit to cut from 160 to 75 feet in the proposed new ordinance.
To Peter Kramer's question about the recent nature of the subdivision, Bird said the purchaser still could not be aware of adverse topographic conditions if the site visit was made when the weather was favorable.
Could Use Be Made?
Zoning Administrator David Konick’s
opposing argument centered around questioning of the architect, Angus MacDonald.
“Could you build a house here? A barn? A wayside station? A park? A club or lodge? A multi-family dwelling? A gift shop? A professional office building? A fire department? A rescue squad?” the zoning administrator asked. The answer in most cases was affirmative by the arhictect.
81.1%