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Page 3 <br />October 5, 1967 <br />Mr. Joseph A. Thoma <br />area, front and depth, only two of them need be complied with to <br />satisfy the ordinance. While I feel there is some merit to this <br />opinion because of certain language in the ordinance, I submit that <br />a more reasonable construction of the ordinance would dictate that <br />all three requirements be met. <br />I do not know the bases of such opinion, but perhaps Sections 9 -120 <br />and. 13 -20 (b) had something to do with it. Section 9 -120 reads: <br />Lots within a subdivision or plat recorded prior to the <br />enactment of this ordinance which are smaller in width <br />or in area than the minimum as set forth in this ordi- <br />nance and separately owned may be utilized for a single <br />family detached dwelling in the discretion of the Council <br />pursuant to application for variance. <br />Where two or more contiguous vacant lots are held in <br />single ownership in a subdivision or plat recorded prior <br />to the effective date of this ordinance which lots are <br />not of the required width and /or area set forth as mini- <br />mum in this ordinance, a building permit may be issued <br />for the building of homes on groups of such lots or <br />fractions thereof as single lots providing such combined <br />lots equal the minimum. <br />Section 13 -20 (b) reads: <br />Where two or more contiguous vacant lots are held in <br />single ownership in a subdivision or plat recorded prior <br />to the effective date of this ordinance, which lots are <br />not of the required width and /or area set forth as mini- <br />mum in Section 10 of this ordinance, a building permit <br />may be issued for the building of homes on groups of such <br />lots or fractions thereof as single lots providing the <br />minimum lot width and area. Building permits shall not <br />be issued for any construction or undersized contiguous <br />lots in single ownership. <br />Neither of these sections, in my opinion, are applicable to the situ- <br />ation here, since said lots 1 and 12 complied with the minimum require- <br />ments as to width and area at the time the plat was recorded prior to <br />the enactment or effective date of the ordinance. These sections only" <br />refer to width and area. Whether or not the intent was to include or <br />exclude minimum requirements as to depth, it is immaterial. <br />Whether or not the present owner or future owners of said parcels could <br />establish facts to move the Village Council to grant a variance in <br />compliance with the ordinance, is another problem. Section 10 -40 reads: <br />Where there are practical difficulties or unusual hard- <br />ships in the way of carrying out the strict letter of the <br />provisions of this ordinance, the Council shall have the <br />power, in a specific case to permit a variance from the <br />provisions of this ordinance. <br />Page 9 <br />