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Complying with a request from the Planning Commission for more time, the Board of Supervisors delayed action on two proposed amendments to the county’s subdivision ordinance.
The first would change existing language to allow the board to grant an exception to any subdivision ordinance requirement in an “unusual situation” or when strict adherence would work a hardship. The second would eliminate the right to appeal a subdivision approval to the circuit court.
Speaking from his three years’ experience as the county’s zoning administrator, attorney David Konick charged that adoption of the first amendment would make that job much harder and would undermine public support for land use ordinances in general.
Mr. Konick noted that the proposed amendment sets out “no limitation on what you can get an exception from.” The subdivision ordinance as it stands now permits exceptions only to specific standards, he added. With the amendment, exeptions could be granted for “anything at all,” Mr. Konick said, adding “some things in the ordinance are sacrosanct.” If the board believes subdivision ordinance standards are unfair, then the ordinance itself should be changed, he said.
“What is an unusual situation? What is a hardship?” he asked, pointing out that those terms should be defined or have examples specified.
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