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�p4UIN.�, SAN JOAQUIN COUNTY <br /> DEPARTMENT OF PLANNING AND BUILDING INSPECTION <br /> in: IIS CHET DAVISSON <br /> 1810 E. HAZELTON AVE., STOCKTON, CA 95205 <br /> Director <br /> PLANNING PHONE: 209/944-3722 <br /> cq�irz6 it P BUILDING PHONE: 209/944-3701 JERRY HERZICK <br /> Deputy Director <br /> June 18 , 1987 TOM WALKER <br /> Deputy Director <br /> MEMORANDUM <br /> TO: Planning Commission <br /> FROM: Chet Davisson, Director <br /> SUBJECT : MINOR SUBDIVISION APPLICATION NO. MS-87-42 OF VERN & <br /> JANE HANSEN (C/O DAVID SMITH & JOHN ARMENINO, <br /> APPELLANTS ) FOR AN APPEAL OF THE PLANNING DIVISION' S <br /> APPROVAL OF MS-87-42 TO CREATE FOUR PARCELS FROM A <br /> PORTION OF THE ANTIQUATED SUBDIVISION, EVERGREEN TOWN <br /> SITE . LOCATED ON THE EAST SIDE OF ALPINE ROAD, 1400 <br /> FEET SOUTH OF FINKBOHNER ROAD, EAST OF STOCKTON. <br /> ----------------------------------------------------------------- <br /> On May 7 , 1987 , the Planning Commission considered an appeal of <br /> staff ' s approval of the above-referenced application. Public <br /> testimony, both in favor of and against the appeal , was heard by <br /> the Commission. County Counsel also entered an opinion on the <br /> legal status of the 1888 Evergreen subdivision. Counsel <br /> researched the history of the Subdivision Map Act as it relates <br /> to an 1892 road abandonment . It was concluded that the sub- <br /> division was in fact dissolved as a result of this 1892 abandon- <br /> ment . <br /> This opinion was delivered for the first time at the Planning <br /> Commission hearing. Thus, the Commission took action to continue <br /> the item to June 18 , 1987 , to permit the applicant to gather any <br /> information to support the legitimacy of the Evergreen sub- <br /> division map. <br /> Subsequent to the hearing, Mr . Hansen did investigate the history <br /> on this property. He was not able to come up with any infor- <br /> mation to refute Counsel ' s opinion and has asked that his appli- <br /> cation ( including staff ' s original approval) be withdrawn. See <br /> the attached letter . <br /> Per the Commission' s direction at the May 7 , 1987 , hearing, staff <br /> will refund Mr . Hansen' s application fee . This is based on the <br /> fact that if the Evergreen subdivision does not exist , staff did <br /> not have the authority to approve the Minor Subdivision. Mr . <br /> Hansen has indicated that , as an alternative , he will be filing a <br /> Minor Subdivision application for a 1- to 3-acre homesite parcel . <br /> Attachments : Letter, 5-27-87 <br /> Minutes of PC, 5-7-87 <br /> CD/KW/blm <br />