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o„Qu:n SAN JOAQUIN COUNTY <br /> 'o <br /> COMMUNITY DEVELOPMENT DEPARTMENT <br /> 1810 E.HAZELTON AVE.,STOCKTON.CA 95205A232 <br /> • �4�fRc'nii�s• PHONE:209146"120 Fax:2091466-3163 <br /> September 10, 1993 <br /> M_E_M_O_R_A_N_D_U_M <br /> Ga 151993 <br /> TO: Development Committee EIRCp.MENTALHEALTH <br /> T I SERVICES <br /> FROM: Chandler Martin, Associate Planner <br /> SUBJECT: VARIANCE APPLICATION NO. VR-93-2 OF JOE HARDESTY <br /> (C/O B. DEMAR HOOPER) <br /> ----------------------------------------------------------------- <br /> The request is to vary from the standard that permits the removal <br /> of zero cubic yards of soil from the site, when creating fish <br /> ponds, to permit the removal of 297 , 600 cubic yards of soil from <br /> the site. The site is located at the north end of Kennefic Road, <br /> on the south side of Dry Creek, north of Lodi. <br /> The Community Development Department has reviewed this item and <br /> offers the following comments: <br /> This item is scheduled to be heard by the Planning Commission on <br /> October 7 , 1993 . The Community Development Department will <br /> recommend that the Planning Commission deny this request due to <br /> the inability to make required findings (a) and (b) : <br /> (a) Special Circumstances. Because of the special circumstances <br /> applicable to the property, including size, shape, <br /> topography, location, or surroundings, the strict <br /> application of the regulation deprives the property of <br /> privileges enjoyed by other property in the vicinity and <br /> under identical zoning classification. <br /> This finding cannot be made because the circumstances <br /> applicable to the property are not special relative other <br /> property in the vicinity or to the creation of fish ponds. <br /> Also, the removal of soil is not required for the creation <br /> of fish ponds. <br /> (b) No Special Privileges. The granting of the Variance will <br /> not constitute a grant of special privileges inconsistent <br /> with the limitations upon other properties in the vicinity <br /> and zone in which the property is situated. <br /> This finding cannot be made because other properties are <br /> limited by Section 9-1405. 5 which does not permit the <br /> removal of soil from the site for the creation of fish <br /> ponds. <br />