Posted by Michael Cuneo (216.20.1.211) on October 09, 2002 at 11:42:05:
In Reply to: Self landlocked hardship - Spencer posted by Frank Postma on September 24, 2002 at 10:41:17:
: Is there case law on denying the use of a resource area to access land that the applicant land locked himself?
The applicant created his own hardship and thus the project does not fit the requirements of being a limited access project since the applicant posessed another way of accessing the upland portion of the site. The fact that he no longer posesses another access to the site that does not involve crossing wetlands is irrelevant because he did have a way to access the upland portion of the site without crossing wetlands. He created his own hardship, thus it is not a hardship in the eyes of the law.