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wnen asked for his reaction to the board’s decision, Konick said that he stands by his position as stated in his July 5 letter. In that letter to the Board of Supervisors, Konick stated his reasons for making the decision to approve Sal tons tail’s plan.
“As you know, the ordinance as presently written does not provide for an ’architectural review board’ nor does it give the zoning administrator the authority to accept or reject building permit applications unless the design is such that it is clear that the proposed structure could not be used for a permitted use,” Konick wrote. “...I do not believe that the design or construction of the structure is such that it can be used solely or exclusively for a multifamily dwelling.
“While the design may seem unusual, it is conceivable that the dwelling may be used for a single-family dwelling, and both Ms. Saltonstall and her attorney have represented to me that the structure was designed and is presently being used as a single-family dwelling.”
Konick further stated that “Where, as in this case, the design of the structure indicates that it may by used for permitted as well as non-permitted uses, a violation of the ordinance occurs only when the structure is actually used for a use which is not permitted.”
On the decision made by the BZA Wednesday, Konick said, “I take the view that if the zoning ordinance is not clear, then any ambiguity should be found in fovor of letting people do what they want with their own property. Obviously the board doesn’t feel that way.”
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