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dedicated road. Another issue involved in this particular situation is a dedication of property on 37th Street, as well as the fact that Barber Avenue is not paved, and there would have to be some sort of arrangement made whereby Mr. Metz would at least have to pay his fair share of the cost of paving Barber Avenue. A third solution would be the method Mr. Metz is proposing this morning, that he be granted a variance from the Subdivision Ordinance and allowed to build on the two parcels with a reservation on the -8 -acre parcel in back which would make it unbuildable until it was platted. Mr. Boling noted that the Board has the authority to grant the variances to the Subdivision Ordinance if certain criteria are met. However, staff does,not feel that Mr. Metz's meets three of the four criteria. Commissioner Bird reentered the meeting at 9:25 o'clock A.M. Commissioner Wodtke asked if these were new rules, and Planning and Development Director Robert Keating advised that the Subdivision Ordinance has been in effect since July 20, 1983, but even before that the creation of 3 parcels has always been considered a subdivision. He noted that while flag lots have been allowed, staff frowns on that policy. Commissioner Wodtke felt that since we do allow flag lots, that could be an alternative. Jack Metz, owner of the property in question, admitted that he had known the County had a plan that allowed one unit per 5 acres, but he really didn't grasp the significance of it until he and his sons started to do something. Creating an illegal subdivision was not intentional. He explained that this is a family situation and it is hard for him and his wife to comprehend the reasons for not being able to build as they are concerned about Indian River County just like everyone else. His neighbor to the east is happy with what they are planning to do, 15 OCT 0 1995 Boa 62 phu 7 L J