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Applicant withdraws equitable‑waiver request, will refile as variances; ZBA waives extra fees
Summary
An applicant for a lot‑line adjustment near Bourns/Alden property withdrew an equitable‑waiver application after board discussion and will refile as specific variances; the ZBA waived re‑filing fees to allow the applicant to correct the filing.
An applicant seeking an equitable waiver and variances related to a proposed lot‑line adjustment withdrew the equitable‑waiver application and was instructed to refile as specific variance requests. The board also voted to waive any additional filing fees for the resubmission.
Prospect Mountain Survey’s Paul Zusco explained the proposal: adjusting a boundary among longstanding nonconforming lots in order to create two more marketable parcels. Board members and counsel debated whether the relief should proceed as an equitable waiver — a remedy typically used where an inadvertent setback violation occurred — or as explicit variances, since the lots and structures predate zoning but the proposed boundary change would create new lots subject to current requirements.
After extended procedural discussion about how the equitable‑waiver criteria apply and whether variances are the proper route, the applicant agreed to withdraw KC25‑20 and reapply for the specific variances needed (the board estimated two to four variances likely will be required). The ZBA voted to waive any additional fees for re‑filing and applied the same relief to a related case, KC25‑21.
The board recorded no final decision on the underlying merits; the withdrawal allows the applicant to submit a variance application packet for the next meeting cycle.
