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the ’73 zoning ordinance, which disallows the construction of a dwelling unit in a commercial building for anyone other than a caretaker or a watchman.
Since the law cannot be enforced retroactively, Konick said that Bowers was allowed to maintain his residence in his original commercial building.
After the fire, when applying for a permit to rebuild, Bowers claims that Konick told him he would be able to move back into his building if he had to because he had lived there before the fire. “Now he (Konick) is saying I can’t.”
Konick said in a phone interview that, at that time, he had never even spoken to Mr. Bowers, but to Mrs. Bowers about the matter. “I pointed out to her that they (the Bowers) would need a special use permit if they wanted to put a dwelling unit in their new7 building.” Konick noted to them that since the old building was completely destroyed, the new one would have to comply with the ’73 zoning ordinance, meaning that the Bowers’ past practice of living in their commer(Continued
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