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SAN JOAQUIN COUNTY xa�•�o r y COMMUNITY DEVELOPMENT DEPARTMENT 1810 E.HAZELTON AVE..STOCKTON,CA 952058232 ��GiaO"pier PHONE:2091468-3120 Fax:2091468.3163 September 27, 1994 Board of Supervisors Courthouse Stockton, CA 95202 Dear Board Members: APPEAL BY WILLIAM AND ANN POTTER OF THE PLANNING COMMISSION'S DENIAL OF VARIANCE APPLICATION NO. VR-94-2 (FIFTH SUPERVISORIAL DISTRICT) IT IS RECOMMENDED: That the Board of Supervisors uphold the Planning Commission's action and deny Variance Application No. VR-94-2 based on the inability to make Findings 1 and 2 as stated in the Staff Report. REASON FOR RECOMMENDATION: The Planning Commission heard this item at its regularly scheduled meeting of September 15, 1994. William Potter, spoke in favor of the project. No one spoke in opposition. After considering all oral and written testimony, the Commission voted 7-0 to deny Variance Application No. VR-94-2 due to the inability to make Findings 1 and 2 as stated in the Staff Report. On September 23, 1994, William Potter appealed the Planning Commission's action to the Board of Supervisors. Aooeal Statement No. 1 In his appeal, the applicant states: 'The Commission determined that Finding No. 1 (special circumstances) could not be made. The Commission found that the reasons cited do not relate to size, shape topography, location, or surroundings.' 'Applicant contends that these findings were incorrect, because there are special circumstances relating to the 'surroundings' of the property. The fact that there are many pre-existing, non- conforming residential parcels in the area does create a special circumstance, in that one major reason for the applicable zoning (separating incompatible uses) does not apply in this case. This creates special circumstances relating to the property's surroundings.' he applicant also asserts that the existing house will continue to be occupied by the same family;the remainder will continue to be farmed by the same family; and the owners are financially constrained from selling the remainder for another ten years.