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SAN JOAQUIN COUNTY � DEPARTMENT OF PLANNING AND BUILDING INSPECTION ZZ .Z Item No 2 1810 E. HAZELTON AVE., STOCKTON, CA 95205 CHET DAVISSON PLANNING PHONE:209/9443722 Director BUILDING PHONE 209/9443701 JERRY HERZICA Deputy Director June 18 , 1987 TOM WALKER Deputy Director MEMORANDUM TO: Planning Commission FROM: Chet DavissoADirector SUBJECT: MINOR SUBDIVISION APPLICATION NO. MS-87-42 OF VERN & JANE HANSEN (C/O DAVID SMITH & JOHN ARMENINO, APPELLANTS) FOR AN APPEAL OF THE PLANNING DIVISION' S APPROVAL OF MS-87-42 TO CREATE FOUR PARCELS FROM A PORTION OF THE ANTIQUATED SUBDIVISION, EVERGREEN TOWN SITE. LOCATED ON THE EAST SIDE OF ALPINE ROAD, 1400 FEET SOUTH OF FINKBOHNER ROAD, EAST OF STOCKTON. ----------------------------------------------------------------- On May 7 , 1987 , the Planning Commission considered an appeal of staff ' s approval of the above-referenced application. Public testimony, both in favor of and against the appeal , was heard by the Commission. County Counsel also entered an opinion on the legal status of the 1888 Evergreen subdivision. Counsel researched the history of the Subdivision Map Act as it relates to an 1892 road abandonment . It was concluded that the sub- division was in fact dissolved as a result of this 1892 abandon- ment . This opinion was delivered for the first time at the Planning Commission hearing. Thus, the Commission took action to continue the item to June 18, 1987 , to permit the applicant to gather any information to support the legitimacy of the Evergreen sub- division map. Subsequent to the hearing, Mr . Hansen did investigate the history on this property. He was not able to come up with any infor- mation to refute Counsel ' s opinion and has asked that his appli- cation ( including staff ' s original approval ) be withdrawn. See the attached letter . Per the Commission' s direction at the May 7 , 1987 , hearing, staff will refund Mr. Hansen' s application fee. This is based on the fact that if the Evergreen subdivision does not exist , staff did not have the authority to approve the Minor Subdivision. Mr . Hansen has indicated that , as an alternative, he will be filing a Minor Subdivision application for a 1- to 3-acre homesite parcel . The appellants, John Armenino and David Smith, will also receive a refund of their appeal . Attachments: Letter, 5-27-87 Minutes of PC, 5-7-87 CD/KW/blm