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M M as buildable and commenced a process to establish county rights-of- way within Pine Lake Estates. Section 913.11 of the subdivision ordinance gives the Board clear _ guidance in its review and consideration of a subdivision variance request. The Board shall not approve a variance unless it finds all of the following: "(A) The particular physical conditions, shape, or topography of the specific property -involved would cause an undue hardship to the applicant if the strict letter of the land development regulation is carried out; (B) The granting of the variance will not cause injury to adjacent property or any natural resource; (C) The conditions upon which a request for variance are unique -to the property for which the waiver is sought and are not generally applicable to other property in the adjacent area and do not result from actions of the applicant; and (D) The variance is consistent with the intent and purpose of the Indian River County land development regulations, the Indian River County Comprehensive Land Use Plan, and this Chapter. If the board approves a -variance, it may attach any such conditions to the variance as will assure that the variance will not result in noncompliance with the intent and purpose of this Chapter. Violation of any such condition shall be deemed a violation of this Chapter." It is staff's opinion that the requested variances meet all 4 of these criteria, as follows. (A) The present and historical physical configuration of individually owned parcels within the "subdivision" is unique. The subdivision includes a mixture of parcels that are "grandfathered -in" and currently buildable and parcels that are not. To staff's knowledge, this mixture of parcels having different "buildability" statuses within one development is unique to Pine Lake Estates and presents a hardship to owners of certain "unbuildable" parcels within Pine Lake Estates. (B) Granting the variances and allowing continued development -within Pine Lake Estates should not adversely affect adjacent properties since it is anticipated that traffic and drainage impacts of development will either be internalized within Pine Lake Estates or handled through review of individual single family building permits (RS -1 portion) or site plan applications (CG portion). (C) As previously described, the circumstances and regulatory history of Pine Lake Estates are unique. Therefore, the basis for granting the variances is not .generally applicable to other properties. (D) The requested variances are consistent with the comprehensive plan designations and zoning districts covering the "subdivision", and are consistent with the county's past polidies regarding development of Pine Lake Estates. Granting the variances will help finalize and make uniform the development status of all 72 parcels of record within Pine Lake Estates. Therefore, it is staff's position that the requested variances be granted. 21 October 25, 1994 BOOK PAGE 5S`'