“If we turn down this variance, it

“If we turn down this variance, it will decrease the value of the unimproved lots that belong to all those members of the association." Mr. Gottlieb pointed out.

As many as 3b of the subdivision's 70 lots haven’t been built on. but the owners of most of those, as well as most of the owners of the improved lots, also own adjoining lots, according to Mr. Dickerson.

“I had a lot of people come up to me w ho couldn’t take off work to be here." said Joe Miller, owner of the lot diagonally across the road from Lot 3. "A lot of people just don’t want the clutter . ... If the present owner wanted to build, the hardship would be his. but Mr. Hur doesn’t have a hardship.

"To deem the lot unbuildable is not to deem the lot worthless." Mr. Miller continued. The owner would still have the right to camp on the lot. fish and swim in the lake, play volleyball and otherwise use the five acres which the association owns, he

Ow nership implies certain rights

The law makes a variance an appropriate remedy if strict application of zoning regulations would “effectively prohibit or unreasonably restrict" the use of a property. Chairman Bird responded.

“When you buy and sell real estate, you buy and sell the rights to use that real estate," added Butch Zindel. “Any purchaser is buying those rights. That's real estate law."

"The law doesn’t say you have the right to build a house," countered Mr. Miller.

“The zoning ordinance says you do, as long as you meet the setback regulations, and if you can’t, you have the right to apply for a variance." Mr. McCarthy explained. He reported that correspondence on file in the zoning office shows the present owner was told by the county building official before he purchased Lot 3 that he could build, provided he met the setback regulations of 50 feet from the front line and 20 feet said.

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