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tTh <br />Page 4 <br />October 5, 1967 <br />Mr. Joseph A. Thome <br />I might point out that the owner would be required to show that the <br />three elements listed in Section 2 -710 are present. Section 2 -710 <br />reads: <br />A modification of the lieteral provisions of this ordinance <br />granted when strict enforcement would cause undue hard- <br />ship owing to circumstances unique to the individual <br />property on which the variance is granted. The crucial <br />points of the variance are (a) undue hardship, (b) unique <br />circumstances and (c) particular property. A variance <br />is not justified unless all three elements are present <br />in the case. <br />District boundary lines, zoning, property use, or non- <br />conforming use restrictions shall not be revised or <br />amended by granting a request for variances. <br />I should add that if, under the facts presented here, with no vari- <br />ance granted, such building permits weredapplied for or issued, there <br />would be, in my opinion, an excellent chance of enjoining by Court <br />action, issuance or execution of such permits on the grounds that <br />such would be violative of said ordinance. If the Council were to <br />grant a variance, again an injunction might be obtained if it could <br />be shown that the Council, in light of the variance provisions in <br />the ordinance or otherwise, acted unreasonably, arbitrarily or dis- <br />criminately. <br />You also asked me, in effect, if the owner of said parcels could be <br />enjoined from selling them as such, or if he or purchasers from him <br />could be enjoined from constructing residences thereon? You further <br />indicated that said parcels are all owned by the one Roy L. Wilson <br />who has and is advertising said parcels for sale by placing signs <br />thereon which read: <br />Roy Wilson Addition <br />Large 1 Acre Lots <br />Restricted Area <br />In my opinion, the mere fact of this advertising would not give rise <br />to any legal recourse if he sold or attempted to sell such parcels. <br />I feel, for example, that tomorrow he could advertise "1 Acre Lots <br />For Sale ". <br />Also, upon examination of the appropriate records in the office of <br />the Registrar of Titles, I find there are no restrictions registered <br />which would prevent him from selling the parcels as such. <br />Yours very truly <br />William J. McCraw <br />WJM ;sfs <br />Page 10 <br />