Variance legality debated by commissioner/attorney

Published: Thursday, May 1, 2014 at 10:45 AM.

He said if commissioners did not like the rules being applied, they were the ones with the power to change the rules.

Bryan replied, “It is my opinion we did not follow our LDR.”

The variance request was imbued with controversy to its location abutting Veterans Memorial Park.

Smith is at least the fourth owner of the land in question in the past 15 years and previous owners have sought to have it removed from the tax rolls due to the lot’s dimensions and proximity to the park.

Smith ran into resistance from some in the community when he previously sought a variance on the property.

In part, Novak argued last week, that could be perceived as a hardship.

In a debate over the issue falling under a hardship case for the variance, Bryan had argued any hardship had been created by Smith’s subdividing the property, not any external action, therefore not qualifying for a hardship.

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