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09 <br />Vs. Jeanne Mabunth <br />Octobe 17, 1984 <br />Page F <br />which he complains disappears with the alternative of <br />selling the lots to an adiacent property owner. In <br />discussing just this set of circumstances, some com- <br />men-_ers have noted that "in such a situation the <br />de%;--loper should be required (by the ordinance, the <br />zoning board, or a court) to try to sell this parcel at a <br />reasonable price to one, or preferably to both of his <br />neighbors." (Footnotes omitted.) Williams, American <br />Land Planning Law, 541.02 at 146 (1974). <br />The applicant's own appraiser has indicated that the <br />value of this parcel ranges from $1,000 in its present <br />condition, to $12,000 if a variance is granted and a well <br />and sewer connection are added, and $17,000 after a house <br />is built. It seem^ fair to say that the present market <br />value of that parcel is highly speculative, ranging <br />somewhere between $1,00C and $12,000. Since at the <br />present time no decision has been made with regard to the <br />variance, it is obvious that the price cannot be deter- <br />mined with any precision. Mr. Meyer has indicated a <br />willingners to purchase the property for the price the <br />applicant's appraiser has indicated as its value with a <br />variance, minus allowance foi the fact that there is no <br />well and that a sewer connection would need to be made. <br />Mr. Fisk has insisted upon, a purchase price of $17,000, <br />which is the value given by his app-aiser to the lot <br />after a home has teen built. While the details of this <br />matter should properly be left to the parties to nego- <br />tiate, it seems obv-1ous that the applicant does have an <br />alternative which would provide him with �, reasonable <br />return on his investments. He cannot be heard to say, <br />therefore, that the denial of the variance by the Council <br />would deprive him of all use of the property. <br />Courts have decided the issue of the value of such <br />properties differently. In Cowen, the New `fork Court <br />said ". . . in calculating whether financial hardship <br />would be inflicted by adherence to the zoning standard, <br />inquiry should properly focus upon the value of the <br />parcel as presently zoned, rather than upon the value the <br />parcel would have if the variance were granted." Cowen <br />at 309. The Illinois Court in Goslin had a slightly <br />different formula but one which was still based on <br />equity. In that instance, where the applicant indicated <br />that he had an offer equal to tho amount he had invested <br />in the property but was insisting upon a sale price <br />approximately double that amount, the Court found that <br />