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Attachment to Application - Appeal of Planning Commission Action William and Ann Potter BASIS FOR APPEAL 1. State the basis of the appeal . List any findings of fact made by the Commission which you feel were wrong and vour reasons: a. The Commissions determined that Finding No. 1 (special circumstances) could not be made. The Commission found that the reasons cited do not relate to size, shape, topography, location, or surroundings. Applicant contends that these findings were incorrect, because there are special circumstances relating to the "surroundings" of the property. The fact that there are many pre-existing, non-conforming residential parcels in the area does create a special circumstance, in that one major reason for the applicable zoning (separating incompatible uses) does not apply in this case. This creates special circumstances relating to the property' s surroundings. Another special circumstance relating to the "surroundings" is that the subdivision will not change the use of the property. The existing house will continue to be occupied by the same family, and the remainder will continue to be farmed by the same family. The owners are financially constrained from selling the remainder for another ten years, since there will be severe tax consequences if they were to sell . See letter from Cleland Noret, attached as Exhibit 1 hereto. Based on this circumstance, the owners would even agree to written building prohibitions during that ten year period, if necessary. The fact that the current agricultural use will continue indicates that granting this subdivision will be consistent with the intent of the applicable zoning regulation - agricultural property will be preserved and will continue to be farmed. Based on the foregoing, William and Ann Potter respectfully request that the Board find that there are special circumstances relating to the surroundings of this property which support the granting of the requested variance. -5-