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PLANNING COMMISSION MINUTES SEPTEMBER 21 , 1989 2 . VARIANCE APPLICATION NO. VR-90-1 OF NICOLAYSEN FARMS (C/O MID-VALLEY ENGINEERING , INC. ) to vary the minimum parcel size from 40 acres to permit the subdivision of a 161-acre parcel into a 20-acre parcel and a 141-acre parcel . Located on the southeast corner of Murphy Road and Dodds Road , northwest of Escalon ( Supervisorial District 5 ) . Associate Planner Wylla Satterness introduced a staff report into the record . PUBLIC HEARING OPENED PROPONENTS : Dennis Wilson , from Mid-Valley Engineering , and repre- senting the application , said that Mr . Nicolaysen is a farmer and he purchased the property in 1978 , started a poultry operation and planted grapes and almonds ( 40 acres poultry, 24 acres of almonds and 20 acres of grapes ) . Early this year he started to divest himself of the poultry operation and has a buyer for that . Chicken raising is not listed in the uses in the Agricultural zone to allow the division of a 20 acre parcel . He felt this was an oversight . Mr . Nicolaysen has one of the few dual agricultural uses in the area . The poultry operation is not occupying the full 20 acre parcel . It does not require a lot of area to produce many birds . Staff has stated that Mr . Nicolaysen should sell 40 acres to the poultry rancher and lease back 20 acres of that. Mr . Wilson said he felt that was not a reaso- nable solution . Mr . Nicolaysen has been involved in agriculture for 40 years . This is a unique circumstance because of the dual agri- cultural use. As to special privilege , granting this will not be a special privilege because any other applicant would also have to come before the Commission for a hearing . Finding No. 3 can be made by staff . Nothing changes by the actual granting of the variance , except there will be two separate owners of the two uses . In answer --- - to a.-question--as -to- the- uni-gn-e c-ircurcrsta-nces-, Mr . Wilson said--t-hat---t-he ---- berm is man-made and the berm and pipeline separate the grape property from the poultry operation . James Miller , Environmental Health Division , asked if there was going to be adequate land to use the water from the pond . He noted that the Regional Water Quality Control Board requires adequate land for that . Comm. Rojas said he viewed the site and saw no special circumstances . The land is flat and square and the improvements are man-made . Comm. Gillispie said that the effect of the variance would be to allow two residences instead of one . Mr . Wilson said that having two par- cels would not change the circumstances . Comm. Bozzano asked if Mr . Wilson- explored other alternatives . Mr .- Wilson said he talked with Mr . Nicolaysen about other alternatives . PC: 9/21/89 -3- MINUTES