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Thomas Shephard, c/o Steve Herum variance Application No. VR-92-2 April 27 , 1992 On April 10, 1992 , Steve Herum, representing Thomas Shephard, filed an appeal of the Planning Commission' s denial of the application. Appeal Statement: Mr. Herum states that the irregular western boundary of the parcel deprives the property of privileges enjoyed by other property in the area and under identical zoning. Response: There is no special circumstance applicable to the property that deprives the property of privileges enjoyed by other properties in the area. The historic bed of the Calaveras River does not bisect the property, it merely borders the property. If this feature bisected the property and there is adequate acreage to create two parcels in the AG-40 zone and still meet the density requirements of the zone and the General Plan, then there may be some basis for an appeal. As an example, a special circumstance may exist if a river cuts through a piece of property and results in 30 acres being on one side and 50 acres being on the other. In this example, the result would still only be two parcels for 80 acres and zoning and General Plan densities would be satisfied. Appeal Statement: Mr. Herum states that other parcels were already served by a private road when Resolution 88-1200 was adopted. Response: Board of Supervisors Resolution No. 88-1200 established minimum standards and requirements for the approval of private right-of- ways, and it states: " (c) If a new parcel is being created, a maximum of six existing and/or potential [new] lots may be served. " Helen Lane is a private road which serves 10 existing lots. The applicant' s parcel is already a flag lot off Helen Lane and is approximately 515 feet from Foppiano Lane, which is a public road. If approved, the applicant' s proposal would create a flag lot off an existing flag lot. The existing and proposed flag strips for access are 20 feet in width, which is less than the 25 foot width required by Section 9-9380 of the Planning Title. The existing and proposed access strips are of insufficient width to meet the adopted County Standard for fire access roads which require a BOS LETTER PAGE 2