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Applicable Regulations <br />4. The plight of the petitioner is due to circumstances <br />unique to the property not a consequence of the <br />petitioner's own action or inaction. <br />The existing parcels is uniquely constrained by a BNSF railroad <br />easement, an existing county road, and natural gas utility <br />easements. These features limit how the land can be divided <br />while maintaining compliance with all setbacks and access <br />needs. These are physical site conditions, not the result of <br />actions by the petitioner. <br />Page 51 of 52