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Variance
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thy said. “If more hours were required, we could charge more for the building permit. But, in some cases, there is no way he can find the line.”
He pointed out that if the county* s building inspector approved the location of a house that was later found to be in violation of setback requirements “the county would be liable.”
Another suggestion, that new surveys be required, was also rejected. In most cases lending institutions require surveys, but modern surveying techniques don’t always leave a clear line.
“If a fine were based on a percentage of the appraised value of what was done, people would start paying attention,” member Sid Gottleib suggested. “I feel strongly that a law on the books that is never enforced is very bad. It detracts from the whole ordinance.”
Mr. Clifton pointed out that an owner who wanted to locate a house closer than setbacks would allow could just consider the fine part of the building cost. He said that if he had known 100-foot setbacks were required, he would have preferred locating the house further down the hill, since jt would have been easier to get to the site.
“But the view wouldn’t have been as spectacular,” Ms. Nash said.
After further discussion the BZA decided that they could find in the case of the Nash house that enforcement of the ordinance would place a severe hardship on 'the applicant, that the hardship was not shared generally by surrounding prop
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