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D R A F T 1. VARIANCE NO. PA-04-192 OF ROBERT AND JUDY KENT to reduce the zone minimum oarcel size from 40 acres to 4 acres to permit a Minor Subdivision to create two parcels of 4 or more acres each. The project site is located on the east side of Sowles Road, 900 feet north of Liberty Road, north of Lodi (Supervisorial District 4). This item is continued from the meeting of June 3, 2004, with the hearing open. Raymond Hoo, Associate Planner, introduced the staff report into the record. PUBLIC HEARING OPENED.- PROPONENTS.- Robert PENED:PROPONENTS:Robert Kent said he wanted a 5-acre parcel to create a homesite for his children. He said that on the 40- acre parcel just to the east of his parcel there is a 2-acre parcel in the corner that was recently split off the larger parcel. His parcel is not productive for farming. The parcel to the north is also not productive, and the owner of that parcel does not object to his proposal. Approval will not grant special privileges. There are seven 2-to 5-acre parcels in this area. OPPONENTS: Rich Stevens said the surrounding parcels are agricultural land. He does not think the subject parcel should be split. Commissioner Stockar asked if there are septic or nitrate issues out there. Ray Borges, Environmental Health, said there are some percolation issues out there. They would have to meet tests for nitrate levels. Dirk Filagard said he has six acres in walnuts to the east. His productivity is not that good. The topsoil is thin in spots. He asked if he could put a second home on that parcel. Kerry Sullivan, Director, said he could put a second-unit dwelling on that parcel. Dirk Filagard asked if he could sell and move after a property split. Commissioner Eley said he would not have to live on the property for any length of time before selling the land and moving on. Dirk Filagard said he is worried about the incursion of other splits occurring in this area and more homes being built in this agricultural area. REBUTTAL: Kent Wallace, the applicant's son-in-law, said the property percolates very well. The top soil is very thin. An additional well will have no impact on the water level. The trees on adjacent properties do not do very well. The top soil is thin, and the hardpan is very deep. They cannot obtain the necessary financing without doing a Minor Subdivision. The top soil that will be stripped will be placed on the properties to the south. PUBLIC HEARING CLOSED: Commissioner Carter said she wondered what else this land could be used for. Commissioner Stockar said that some of the soil is not very suitable for farming, especially after removing the top soil. PC MINUTES PC: 6-17-04