We met with Land Use Lawyer yesterday (Wednesday’s meeting was preempted for a last-minute hearing) and gave her our info. She’ll get back to us by next Friday on whether it’s a yes, no, or maybe.
As of now she thinks we have a shot because of “legislative presumption”(?) or something to that effect. Basically it says if the County enforced a law before, it was obviously intended that way and if it didn’t, then it wasn’t-follow? How it applies is this: my parents built 18 years ago on the same drive across the street, albeit a bit higher (226-230ft as opposed to 220-228ft above sea level), but still with a good portion of the drive in the 100 year flood plain. The county didn’t have a problem with it then (and no laws have changed since) and so shouldn’t now-bada bing. Another reason is that Federal Flood Insurance laws don’t require “access to the site” as County laws do AND Federal trumps County.
Benevolent Friend called and left a voice mail detailing that she was setting up a meeting with County Supervisor (County Supervisor) and staff. Apparently County Supervisor is upset that County Official 5 sent us a negative letter without first telling her. (Benevolent Friend telling her about the letter was the first she’d heard about it!). We’ll let her know about Land Use Lawyer and what our plans are and hopefully County Supervisor will decide we are too much trouble to deny again and order the reviewer to approve the plan.
Becky turned 22 yesterday-how time flies!