to, for the first time, show the Parent Parcel as being divided into four daughter parcels
(Contrast Exhibit G and Exhibit A). One of these parcels, the parcel immediately
surrounding the Timberlake-Branham House, retained the designation of 56-40.4. The
three other parcels were designated as 56-40.4A, 56-42.3 and 56-109 (hereinafter, the
"Daughter Parcels"). It is noteworthy that the updates of these official maps took place
prior to any official determination of the Zoning Administrator or the Board of Zoning
Appeals or any other official determination.
Following conversations with the Plaintiff, when pressed by the Plaintiff and other
Woolen Mills residents, the City ultimately referred the matter to the City Zoning
Administrator for determination of the zoning status of all parcels involved.
The Zoning Administrator issued a Zoning Determination letter, dated February
23, 2007 (the "Zoning Determination"), in which he concluded that a technical mistake
resulted in the removal of IPP zoning from the Daughter Parcels (Complaint par. 5).
Notwithstanding this Zoning Determination, City planning staff had previously indicated
that the dispute may need to be resolved by the City's Board of Zoning Appeals (the
"BZA").
The Plaintiff then appealed the matter to the BZA who heard the appeal on April
19, 2007. The BZA did not take action at that intial meeting, but rather decided to seek
advice from legal counsel. After consulting with outside counsel, at the second hearing
on the matter which took place on May 17, 2007, the BZA, rather than ruling on the