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PLANNING COMMISSION MINUTES OCTOBER 22 , 1992 4 . MINOR SUBDIVISION APPLICATION NO. MS-92-169 OF KHURSHID KAHN (C/O R. W. SIEGFRIED & ASSOCIATES) to create a 10-acre owner- operator homesite parcel and a 27 . 8-acre parcel. The project site is located on the east side of Bartolomei Road, at the east end of Mobley Road, east of Stockton (Supervisorial District 4) . Continued from October 1, 1992 . Associate Planner Chandler Martin introduced a staff report into the record. He noted revised Conditions of Approval had been submitted by Public Health Services Department. He further noted that letters of opposition had been received and were part of the staff report packet. Comms. Gillispie and Carter indicated that they had viewed the site. Chief Deputy County Counsel Mike McGrew said that in this hearing there will be issues on ownership of the property and the Commis- sion will not be able to determine that issue. If the Commission approves the Minor Subdivision application, the listed owner would have to show a title report of who owns the property. The Commission only has to determine whether the applicant is the owner-operator of the property. PUBLIC HEARING OPENED PROPONENTS: Attorney Joseph Rishwain was present for the appli- cant. He said there is a dispute about who owns the property but that will be settled in a court of law. If the applicant turns out not to be the owner, he would not be able to create the land division anyway. Mr. Rishwain said that this proposal meets the criteria for creation of an owner-operator homesite. Mr. Kahn harvested walnuts on the property from 1990 to 1992 . He has no agricultural equipment. The house is being remodeled. Mr. Rishwain%submitted a copy of the 1990 tax return and sore invoices to indicate the money his client spent on the property. Mr. Kahn wants to sell one parcel and remodel the home on the other parcel so he can live in it. There is a "for sale" sign on the property but the listing expired one year ago. OPPONENTS: Attorney Jerry Ruiz (7540 Shoreline Dr. , Stockton) was present to represent Patsy Rasmussen Cox, who also claims ownership of the property through a foreclosure sale. Mr. Ruiz said this issue will be resolved in court. He asked for a Condition of Approval that "Any map to be recorded be so only if Mr. Kahn does have a clear title to this property. " Terry Prichard (6601 Stanley Rd. , Stockton) said that Mr. Kahn does not make a profit from the walnut orchard and it cannot be said that Mr. Kahn earns his livelihood from the property. Also, Mr. Prichard said he owns the adjoining walnut orchard and the weeds on -2-