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PgU,I,M SAN JOAQUIN COUNTY <br /> COMMUNITY DEVELOPMENT DEPARTMENT <br /> ' 1810 E.HAZELTON AVE.,STOCKTON,CA 95205 6232 <br /> C4�lKO•R l ? PHONE:2091468-3121 FAX:2091468-3163 <br /> January 26, 2000 <br /> Board of Supervisors <br /> Courthouse <br /> Stockton, CA 95202 <br /> Dear Board Members: <br /> APPEAL BY BONNIE MCATEE OF THE PLANNING COMMISSION'S DENIAL <br /> OF VARIANCE APPLICATION NO, VR-99-6 OF IRA E. AND MICO MCATEE <br /> (FOURTH SUPERVISORIAL DISTRICT) <br /> IT IS RECOMMENDED: <br /> That the.Board of Supervisors uphold the Planning Commission's denial of Variance Application No. <br /> VR-99-6 and deny the appeal. <br /> BACKGROUND: <br /> This project is a Variance application to vary the minimum 40-acre parcel size and minimum 330-foot <br /> parcel width of the AG-40 zone. This Variance would permit the submission of a Minor. Subdivision <br /> application to result in two 5-acre parcels with widths of 239 feet and 216 feet and depth to width ratios <br /> that exceed 4:1. <br /> The Planning Commission heard this matter at its meeting of December 16, 1999. The item was <br /> continued to January 6, 2000 with the hearing closed. <br /> After reviewing all written and oral testimony at the hearing of December 16tt, a motion to approve the <br /> Variance-was moved and seconded. The motion failed with a 3-2 vote. Because two commissioners <br /> were absent, the applicant requested the item be continued to January 6, 2000 with the hearing closed. <br /> The Commission voted to continue the item. At the January 6, 2000 hearing, a motion to approve the <br /> Variance was again made and seconded. The motion failed with a 4-3 vote. <br /> On January 2, 2000, Bonnie McAtee appealed the Planning Commission's denial of the application. <br /> 1. APPEAL STATEMENT <br /> "A motion was made to pass the variance but it lacked a majority vote 3-4. Findings #1-and 2 <br /> were notable to be made due to the strict guidelines the commissioners must follow." <br /> RESPONSE <br /> The "strict guidelines" to which the applicant refers are the required Findings. In order to approve this <br /> Variance, three findings concerning special circumstances, special privileges, and land use must be <br /> made. The Planning Commission determined that two of the three Findings could not be made. <br /> BOS LETTER PAGE 1 <br />