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nance,” agreed BZA member James Swindler. “But I don’t think we can put everything in the ordinance. I think we have the authority to interpret. . . I look at it as a multi-family dwelling.”
Mr. Zindel agreed there’s authority for the BZA to make interpretations, but only up to a point. ‘The ordinance is new. As things develop, this is how we refine it," he added, supporting Mr. Bird's position.
“We can take as a given that more than one dwelling on a lot or parcel is allowed in the commercial village zone,” maintained Mr. McCarthy, saying this follows logically from the specific provision for up to 10 multi-family units per acre in the CV zoning category.
“Then it should say so. The ordinance should say so," argued Mr. Bird.
“We’d like to bend as far as we can to make it possible for Mr. Estes to use this structure (as an apartment for his mother), but before we can approve it, we need an amendment of some kind,” concurred Mr. Gottlieb. “If he wanted to build three apartments, we could approve or disapprove it. But since he wants to build one apartment, we can’t even consider it, and there’s the hole in this ordinance." And repeatedly, Mr. Gottlieb voiced unease at having to work within the confines of strict construction: “If Mr. Estes wanted to build three apartments, I think I would vote for approval. So what am I doning voting down one?”
The county administrator added another interpretative wrinkle by contending that the definition of yard precludes the proposed apartment from being considered a single family detached residence, and since it is clearly not an attached struc
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