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a split vote, 4-1, with Commissioner Mike Massie dissenting. Mr. Massie objected to what he saw as a possible precedent being set for such variances. Although he did not allege subterfuge in Mr. Clifton’s case, Mr. Massie said he fears the potential for using the variance to circumvent the restrictions of the county’s ordinances.
County Administrator John McCarthy reported that Ms. Nash had tried to solve the problem by purchasing enough land from two of her neighbors to meet the 100foot requirement, but neither was interested in selling.
"In this case there should be a further alternative,” Mr. Bird said. “If the neighbors don’t want to sell, perhaps a fine of some sort. To apply a forfeiture would cost somebody thousands of dollars."
"The only way we can reasonably do our job is to set some sort of consistency,” BZA member Sid Gottleib said. "If we grant the variance, we recognize an alternative to forfeiture.”
“If we agree with the majority of the Planning Commission, to avoid forfieture, we grant the variance,” Mr. Bird said.
"We need to hear from the builder and owner,” member James Swindler said.
“I feel certain the Planning Commission would love to have an alternative to forfeiture,” Mr. McCarthy said. “But the inherent danger of allowing a penalty other than forfeiture is that forfeiture loses its terror.”
“That might be the case for some people,” Mr. Gottleib said, “but others have everything on the line.”
The BZA members took a dim view of Mr. Clifton’s suggestion to the Planning Commission that the building inspector check the set-backs when he inspects the footers for a building. “My comment is that is taking the responsibility from where it ought to be,” Mr. Gottleib said.
“When that was brought up, my comment was the same as yours,” Mr. McCarthy said. “Some of these are old properties that haven’t been surveyed in years. Surveyors no longer clear a line. Our building inspector can go to some properties and see the lines, but many he cannot.”
“It’s the builder’s responsibility,” said member Butch Zindel. “If the building inspector sees the line and thinks there may be a problem, he should mention it, but it’s the builder’s responsibility.”
“The building inspection function is a serious enough one, and he has trouble keeping up with that,” Mr. Zindel added.
“Another question, and it may be a hypothetical one,” Mr. Bird said. “Supposing the zoning line went right through the building - would you apply the agriculSeeBZA,
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