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that the pond was located 22 teet from one property line with the Rutherfords and 18 feet from another.
“The pond does not conform by a substantial amount to the 100-foot setback,” Mr. Bird said at last Wednesday’s meeting. “The Scotts maintain that they had oral consent from the Rutherfords, and the Rutherfords deny that. It is plain that a variance is required."
Mr. Bird continued by explaining that in order to issue a variance all three members of the BZA present would have to vote for it. They would have to agree with the stipulated findings, whigh must show that "a strict application of the ordinance would unreasonably restrict the ordinary use of the property or present a hardship approaching confiscation,” he said. “A strict application would require the removal ol the pond and regrading. ”
“One issue that concerns me is the amount of time that passed; it was a matter of many months,” Mr. Gottleib said. “There may have been implied consent by that. I realize they have a right to complain any time, but that factor weighs with me.”
“How7 much would it cost you to remove the pond and regrade?" Mr.
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