Mercure, J.
On June 1, 1998, the Zoning Board of Appeals of the Town of Tusten granted petitioner a 46-foot variance from the applicable setback requirement of the Town of Tusten Zoning Ordinance for the construction of a structure on his property. On March 28, 2000, petitioner filed an application for a building permit with respondent Stephen Stuart, the Town's Code Enforcement Officer. Stuart issued a written determination denying the application upon four stated...
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