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M I Mr. Drinkard has spent considerable sum of money to divide the property into two 100 foot lots, which was the intention when he purchased the property, and he is now working in a joint venture with a builder to build two -houses ontheproperty. When Mr. Richard Dose, a builder, made application for building permit he was advised that Ordinance No. 7420 .-.--passed on November 1 of 1974 would prevent him from securing two building permits. We humbly request that this Ordinance: 'not be invoked in this particular case, in that for all in- . -tents and purposes the property lying along Pelican Lane.has been subdivided, the street is as much a dedicatedstreet as, any subdivision would have it, particularly with a private. drive so that the County would not be responsible for main ....".-taining it, the deeds themselves have -a dedicated easement to the property owners the same way that they do in Wyn Cove and Smuggler's Cove and that therefore an exception should be made to the subdivision rules in order that this can be divided into two.equal 100 foot lots. The property has also been surveyed and we have previ.- ..ously furnished copies of the surveys to Mr. Jack Jennings. Pelican Lane has been a private road for more than 25 -years and the property owners use the easement equivalent to a state and/or county ownership for the use of -the road the same as if it was in Wyn Cove Subdivision or Smuggler's Cove. I represented the subdividers in.Wyn Cove and on all*. .of our conveyances in Wyn Cove we conveyed a right to the use of the street that was listed as a private street on the subdivision in order that they would have a right for each property owner to get to and fzom their property. This is a unique hardship as (1) if I had any advance knowledge that this,would have been.the case I would have simply divided the property into two parcels so that the Property Assessor would have -drawn a line to the middle of - the property and,.(2) certainly the owner of the property had no idea that the County was doing this in detriment to 'his property. This being a rather unique and unusual hard- ship matter, we humbly request that the Board of County Commissioners in.behalf of my clients, Mr.. and Mrs. Donald —Drinkard, authorize the granting of two building permits on the -property -shown in the enclosed Deed. c e,rel "y S Irn w qTr JO T W _qrMV'RT.AIM JES/es • '-.Enclosures cc: Mr. -.Donald • FEB 41976 As ttorney for Mr. and Mrs. T% _IA n 4-1— A ati 25 1-3