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PC: 10-22-92 <br /> MS-92-169 <br /> STAFF ANALYSIS <br /> BACKGROUND: <br /> Minor Subdivision applications are usually processed as staff review items with not fication to surrounding <br /> property owners. However, this project is being referred to the Planning Commission due to a petition <br /> of objection and seven letters of opposition that were received (attached). The issues raised in these <br /> letters are discussed below. <br /> POLICY CONSIDERATIONS: <br /> General Plan and Zoning: <br /> This application is being processed pursuant to the 1995 General Plan and Planning Title. This <br /> site is designated Agriculture on the General Plan and is zoned AG-40. <br /> The Planning Title provides area exceptions for the creation of a homesite parcel for an owner- <br /> operator: <br /> SECTION 9-4010.2(a). <br /> Homesite Parcel For Owner-Operator. A homesite parcel containing a minimum <br /> of one and one-half (1'/2) acres may be created from a parcel twenty (20) acres <br /> or larger in size to finance or refinance a residence for the owner-operator... <br /> One of the issues raised in the letters of opposition is the owner's qualification as an owner- <br /> operator. The Planning Tdle defines owner-operator as: <br /> 'An individual, firm, association, syndicate, partnership or corporation having sufficient <br /> proprietary interest in property to exert direct control over its use and development and <br /> in its day-to-day operations.' <br /> There is no evidence in the file to suggest that Mr. Kahn does not qualify as an owner-operator. <br /> However, the letters of opposition included the following comments regarding Mr. Kahn as an <br /> 'owner-operator': <br /> Terry L Prichard, who owns property directly to the south of this site, made the following <br /> comments in his letter of August 20, 1992: <br /> • 'This property has been for sale as evidenced by an active exclusive sales contract for <br /> most of the time since purchased over two years ago. Only in the last month has it not <br /> been offered for sale.' <br /> • 'The current owner is not an owner/operator. The property has not been farmed since <br /> its purchase by the current owner. 'Farmed' is defined as risking capital for return in farm <br /> commodities.' <br /> -9- <br />