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# <br />I <br />(1) Mr. Rhode's predecessor in title, Mr. <br />Fred Rogers, never had record legal title to the <br />lot at the same time he had record legal title to <br />any adjacent lot. <br />(2) Mr. Rhode's predecessor in title never <br />had an equitable interest in the lot at the same <br />time he had an equ' able interest in any adjacent <br />lot. <br />(3) It was never possible for Mr. Fred <br />Rogers to have combined what is now Jack Rhode's <br />lot with what is now Jason C. Becker's lot. By <br />the time Rogers acquired an interest in Rhode's <br />lot, he had given up his interest in Becker's lot. <br />22r 21. It is necessary that Mr. Rhode be granted <br />a variance as to lot size and width to preserve his <br />enjoyment of a substantial property right, to-wit: the <br />right to build a single family dwelling on an LR-IB lot <br />for which he paid $45,000. <br />23r 22. Without the variances as to lot size and <br />width, Mr. Rhode would suffer the particular hardship <br />of not being able to use his residential lot for residential <br />purposes. <br />24r 23. Granting the variances as to lot size and <br />width v.’ill not be contrary to the intent of the zoning <br />code. <br />a. here will be no threat to public health <br />occurring because of excessive crowding of private <br />sewage disposal systems. <br />b. One more dwelling in the already developed <br />area will not materially increase the density, as <br />long as the present carriage house is removed <br />first, prior to construction. <br />c. Adequate open spaces for access in case of <br />fire will insure that there will be no increased <br />danger to the safety of the neighborhood. <br />d. No impairment of morals will result from the <br />proposed construction of the single family dwelling. <br />e. The existence of one more dwelling in the <br />area will not materially increase the traffic in <br />the area. <br />-5-