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did it, but we don't want you to do it ... I have a problem with the equity of that approach."
Contract owner meets ‘good faith' test
Moving to the findings which must be made in order to grant a variance. the BZA concluded that the property had been acquired in good faith, evidenced by Mr. Thorne's $10,000 market value payment for the lot. which was buildable under zoning regulations in effect at that time. Mr. Bird reported that Commonwealth's Attorney Peter Luke had confirmed that a contract buyer can legally apply for a variance and in so doing, assumes the "good faith" standing of the owner.
(Peter Kramer suggested, however. that in future cases, the property owner be part of the application in order to fully legitimize the "good taith." "That would be cleaner, sure."agreed Mr. Gottlieb.)
The zoning board members also unanimously found that strict application of the zoning regulations would produce undue hardship, considering — but rejecting — Mr. Miller’s contention that the purchaser “takes his chances when he buvs a
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