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ings, noted in a letter to the BZA that he had “no problem” with Mr. Barron’s plans.
Again, Mr. Monahan had difficulty in finding hardship. He pointed out that Mr. Barron could put the addition on another part of the house by building on fill dirt or moving water and utility lines. “In this case, I think (the request) does conflict with the spirit of the ordinance...We’re busting setback regulations when I think there are other ways you can do it,” he told Mr. Barron.
But to locate the addition anywhere else would require “a great deal of work,” Mr. Barron countered, noting that a drainfield might have to be moved, stairs added and a 12-inch wall broken out.
“What you’re telling me is hardship,” Mr. Monahan answered.
“In terms of expense,” Mr. Barron said. He added that the adjoining landowner had declined to sell even the tiny piece of land that would allow compliance with setback regulations, an alternative suggested by the Planning Commission.
“This is one more step toward allowing people to get close to property lines when the ordinance clearly states you shouldn’t do that,” Mr. Monahan said. With the carport, Mr. Whorton had no options; wherever he built it, the carport would intrude on the required setback distance. “Here, you have options - they’re not pleasant options and they are options which impose a hardship, but they are there,” he told Mr. Barron. “Looking at the precedent, if we allow this one, where do we go next?”
Mr. Swindler seemed inclined to grant Mr. Barron’s variance, citing
the money already spent on design and the innovative technology involved. “He built a solar home to conserve energy we may run out of someday...This is certainly different from anything we’ve had since I’ve been on the board.” Mrs. Luke likewise appeared to favor approving the variance, noting that no harm would ensue and that the solar, earth berm design had initially required that the house be located close to the adjoining property line.
But apparently counting Mr. Monahan as a “no” vote, Mr. Barron agreed to postpone a decision on his variance application until the full board is present.
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