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,.R SAN JOAQUIN COUNTY <br /> r.•� .a.t COMMUNITY DEVELOPMENT DEPARTMENT ✓� j <br /> • 1810 E.HAZELTON AVE..STOCKTON.CA 952056232 <br /> • �9(�FOR�a`P DEVELOPMENT SERVICES PHONE:(209)468-3120 April 27 , 1992 <br /> PLANNING PHONE:(209)468-3120 �j _ <br /> BUILDING PHONE:(209)4683123 APR " 1997 <br /> NEIGHBORHOOD PRESERVATION PHONE:(209)4683021 Li <br /> Board of Supervisors ENVIRONIwENIAL HEALTH <br /> Courthouse PERMIT/SERVICES <br /> Stockton, CA 95202 <br /> tf <br /> Dear Board Members: <br /> APPEAL OF THOMAS SHEPHARD, C/O STEVE HERUM, OF THE <br /> PLANNING COMMISSION DENIAL OF VR-92-2 (DISTRICT 4) <br /> IT IS RECOMMENDED: <br /> That the Board of Supervisors deny the appeal of the Planning <br /> Commission denial of VR-92-2 . <br /> BACKGROUND: <br /> The applicants, Thomas and Irene Shephard, are proposing to vary <br /> the required 40-acre minimum parcel size to 0.95 acre and 0. 69 acre <br /> to permit a subdivision of a 1. 64 acre parcel. On April 2 , 1992 <br /> the Planning Commission heard this matter. Two people spoke in <br /> favor. The person that spoke in opposition presented a petition to <br /> oppose the Variance signed by seven of the property owners on Helen <br /> Lane. <br /> The Planning Commission voted 7 to 0 to deny the Variance based on <br /> the inability to make any of the three required findings which are <br /> listed on Page 5 of the Planning Commission Staff Report. <br /> • Finding No. 1 cannot be made because there are no special <br /> circumstances related to the topography of this property that <br /> would deny the property of privileges enjoyed by other <br /> property in the area under identical zoning. <br /> • Finding No. 2 cannot be made because granting this Variance <br /> would constitute a granting of a special privilege because two <br /> parcels with less than the 40-acre minimum could be created <br /> and an additional homesite would be allowed. Also, this <br /> finding cannot be made because granting the Variance would <br /> allow a special privilege by allowing more than the maximum <br /> number of parcels allowed on a private right-of-way. <br /> • Finding No. 3 cannot be made because granting the Variance <br /> would essentially constitute a rezoning and permit one <br /> additional residence to be constructed on the site. The AG-40 <br /> zone permits a minimum parcel size of 40 acres and one <br /> dwelling unit per 40 acres. <br /> BOS LETTER PAGE 1 <br />