8521 HOLLY DR 2016-01-01 MF Import

s webster ' s Dictionarv, Ninth New Collegiate addition, de•'ines � actual as: 1 . active 2 . a . existing, in act and not merely potentially b. existing in fact or reali.ty 3 . not false or apearent 4 . existing or occurring at the time The Planning Department' s entire argurtient that the potent+al could be an ' actuality ' was based on the assumption or speculation that the Planning Departmert would grant an easement and variances . The Planning Department did not, end can not, quarantee, to the Hearing Examiner that the Planning Department would indeed grant �hose easements and variances . Zn fact, as the Planning Department refers to in its own report to the Hearir.,g Examiner, stated that it had earlier rejected designs for four and five lots on the basis that they did not meet zoning and subdivision requirements . Certainly there exists the mathematical possibility to divide the property into more than four 7, 000-squaz•e foot lots . But, the Plannina Department even admitted at the hearing that it did not know if the property could be divided without easements or variances under its 'proposed' drawings. :he easements and variances needed are not active and do not exist at this time. Therefore, the potential to divide the property into the number of lots that would trigger t:he requirement for half street improvements does not exist. Requiring the half street improvements has certainly imposed a hardship on the Yergers . . APPE�L BNIEF - 5 � �