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  1. ZAPCO is precluded from granting variances that create a “change in use”

    1. This request constitutes a “change in use” for the tract of land known and officially identified as Caravan Circle:  a road as recorded with TCAD; as know in the public use; and as a recorded address for the Ranch Dubois tract of land.

    2. This use has not been vacated or abandoned through a proper and formal process.

  2. Historic offer and use as an undedicated road

    1. Privately owned but constructively offered and openly used and relied on as a road by abutting owners and the public.

    2. Is not marked as private property; public use and access is openly known and consistently used and relied upon since 1967.

    3. City interest in this as an undedicated, public road was officially established when:

      1. The City purchased and installed a gate on one side only based on City’s understanding that abutting property owners had a continued right to entry and use through the other end; and 

      2. Portion of tract outside of gate is paved and managed by the City.

  3. Non-conformance with City Master Plan; City Goals; and does not satisfy variance criteria for approval.

    1. Not clear who is the applicant:  a Power of Attorney from one owner to the other and second owner conveys a Power of Attorney to a law firm. 

    2. Confusing notice to public:  too many variances and inconsistent from public notice to agenda to staff recommendation.

    3. Self-made hardship.  Caravan Circle is a non-conforming lot that was conveyed to current owner with no reasonable intention of being a residential lot.

    4. Variances are not the minimum possible to reasonably develop the existing, conforming lot.  

    5. Septic and slope requests are not congruent with current development standards.

    6. Interferes with the use (Caravan as a road) and enjoyment of existing property owners--evidenced by 100% opposition from adjacent owners and additional opposition by way of Letter submitted to the Board on 4/21.

    7. Proximity to existing homes relative to size of existing, conforming lot (Ranch Dubois).

    8. AFD recommendation incomplete and based on false assertion that road has been abandoned (see e-mails provided in Applicant’s backup for tonight).

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