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(Continued from Page 1) separate tracts—one approximately 30 acres and the other seven acres, she said,, noting that their proposal involved no change in acreage.
“That’s not what the application says,” Gardiner countered.
The couple purchased 30.825 acres initially and later bought approximately seven more, Mrs. Neal said. She told the BZA members that illness now prevents both she and her husband from taking care of the property.
Her husband has been hospitalized four times this year, she reported. “At the same time, I came down with a very serious illness,” Mrs, Neal said, adding that she is currently under the care of three doctors. Since they can no longer handle the care of 37 acres, they want to sell 30 and retain seven, including the existing dwelling, she explained. The variance is necessary in order to adjust boundary lines—although technically the adjustment constitutes a division of land—so that the house sits on the seven acres the Neals plan to keep. Mrs. Neal maintained that strict application of the ordinance's restriction against division of property zoned residential subdivision would work a hardship on her and her husband, a hardship not generally shared by neighboring properties. She added that approval of the variance would not change the character of the area.
“I think this is a far deeper legal question that the board is prepared to act on today,” Gardiner maintained. He asked if the Neals had signed an agreement not to further subdivide when they bought their property.
Mrs. Neal answered that they hadn't signed any such
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