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number of lots would trigger the requirements for half street <br /> improvements was something that can become actual, or is capable <br /> of development in actuality - a part of the Hearing Examiner ' s <br /> definition of 'potential ' . <br /> Webster ' s Dictionarv Ninth New Colle iate a�' • ��~ <br /> ' g =�n, defines <br /> actual as : <br /> 1 • active <br /> Z . a. existing; in act and not merely potentiailf <br /> b. existing in fact or reality <br /> 3 • not Lalse: or appar�nt ' <br /> 4 • existing or occurring at the time <br /> The City ' s entire arquaient that the potential cottld be an <br /> 'actuality' was based on the assumption or s�eculation that the <br /> City would grant an easement and variances . The City did not, and <br /> can not, guarantee, to the Hear.ing Examiner that tY�e City would <br /> indeed grant those easements and variances . In f.act, as the Citv <br /> refers to in its own report to the Hearing Examiner, stated t;iat <br /> it had earlier rejected de�igns for four and five lots on the basis <br /> that they did not meet zoning and subdivision requirements . <br /> Certainly there exists the mathematical possibility to divide <br /> the property into more than four 7, 000-square foot lots . <br /> But, the City even admitted at the hearing that it did not <br /> know if the property could be divided without easements or <br /> variances under its 'proposed' drawings . <br /> The easements and variances needed are not active and do not <br /> exist at this time. Therefore, the potential to divide the <br /> NEOUEST FOp RECONSIUFtiATIOH - 2 <br /> �l J <br />