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VN-168.- -3- <br />The concern for the size of the parcel may be'alleviated if <br />Tract B were joined to, he much larger Herbs parcel. This would <br />not, however, solve the problem of access. <br />Since the.-Planning. Commission meeting, the: applicants have' <br />indicated a desire toattach Tract B to the~existng Herbst parcel. <br />The present application has: not been withdrawn as there is a ques- <br />ton if a variance is required with the subdivision as now desired. <br />On one, hand, attaching_Tract B to the Herbst property would creates <br />a "new" lot which would not have frontage on a publicly.dedcated', <br />street: -A-''new" lot would be created zn that its size, shape and <br />legal description would -be modified. FurtYier; the amount of land-- <br />locked property wou3d be increased.. This would .:apparently req°.~ire <br />the variance. It could,. however, be interpreted that.-a variar.,-^e <br />is not required as the conditions of the Herbst property ;are r•~,~,t <br />significantly changing as the parcel does not present y have street <br />frontage. -If it were determined that subdivision into .the pa,~^cels <br />zeew~ desired requires- a variance, it would appear that the pub:~ic <br />l~:earing called-would suffice in terms of notification. Anot~~er <br />~.lternative would be to .condition the original varianc8, if <br />approved, on the applicant attaching Tract B tothe larger Herbst. <br />p~.rcel. <br />The resolution that has been drafted for the minor st.i:~-- <br />dvision provides f_or the subdivision as now desired by the <br />applicants-, that is, attaching Tract B to the Herbst parcel.. <br />Plannincr Commission Consideration and Recommendation (12-21-76): <br />Please see attached. <br />