Gerhard Fiedler wrote: > Carey Fisher wrote: > > >> Not exactly. It varies from jurisdiction to jurisdiction. In my town, >> I am on the Zoning Board of Appeals. We hear variance requests. In my >> experience, we would likely grant a variance if the homeowner was >> "misled" (not necessarily on purpose) by the permitting department and >> had spent time and money in good faith. >> > > How would that then stack up against the civil claim of the neighbor? After > all, he may be able to claim a damage from the non-compliant building. > > Gerhard > > First, the Board is supposed to (and mostly does) consider the effect on neighboring property before issuing a variance. In fact, during the public hearing, anyone affected by the proposed variance is given ample time to present and explain their concerns to the Board. If a neighbor then feels damaged by the decision of the Board, then the neighbor would file a claim in court and the court would decide matters of damages etc. Carey -- *Carey Fisher, Chief Technical Officer New Communications Solutions, LLC *careyfisher@ncsradio.com Toll Free Phone:888-883-5788 Local Phone:770-814-0683 FAX: 888-883-5788 www.ncsradio.com -- http://www.piclist.com PIC/SX FAQ & list archive View/change your membership options at http://mailman.mit.edu/mailman/listinfo/piclist