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PLANNING COMMISSION MINUTES APRIL 2, 1992 1 . VARIANCE APPLICATION NO. VR-92-2 OF THOMAS 5 IRENE SHEPHARD (C/O STEVE HERUM) to vary the minimum lot size from 40 acres to 0 . 95 acres and 0 . 69 acres. Located on the west side of Helen Lane, 510 feet north of Foppiano Lane, east of Stockton (Supervisorial District 4) . Loree Goold, Assistant Planner, introduced the staff report into the record. PUBLIC HEARING OPENED: PROPONENTS : Steve Herum was present to represent the Shephards. They have raised their children, and now they want to sell their house. He had the soil tested for nitrates and found no problems. He proposed positive findings for approval of the project. He said the parcel has an unusual shape. The western boundary was shaped by a river that is no longer there. This parcel is in a rural residential area. The lots to the north and south have at least two residences on each of them. This situation is identical to the last Variance approved in this area in 1983 (Andy Guy) . This is not a granting of special privilege. There are a number of small parcels out there. The majority of the land does not meet the minimum 40-acre requirement. Curt Cooper (8740 Helen Lane) said he was in favor of the variance. There are no 40-acre lots out there. The old Calaveras River did run down the west side of the property. The lot to the northeast, the Guy property, has two or three homesites on it. OPPONENTS : John Kappos (8461 Helen Lane) said the neighbors want one-acre lots or larger. They do not want parcels less than one acre. He does not think this area should be subdivided further. He wants to keep the traffic and noise down. 'He wants to keep it an exclusive neighborhood. He said he owns the easement to the Shephard property. REBUTTAL: Steve Herum said Mr. Kappos did not own the easement. The Shephards have an enforceable easement. In regard to the Guy property, the BOS resolution says that the acreage is 1 . 54 acres and . 82 acres . The last variance granted out there was in 1983 . There has not been any other variance approved there since that time. This parcel has an unusual shape and topography. This is not a granting of special privilege. This area is a de facto rural residential zone. PC MINUTES -2- (PC: 4-2-92)