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Item No. 2 PLANNING COMMISSION MINUTES MAY 7, 1987 3 . MINOR SUBDIVISION APPLICATION NO. MS-87-42 OF VERN AND 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. The pro- perty is located on the east side of Alpine Road, 1400 feet south of Finkbohner Road, east of Stockton. Assistant Planner Wylla Satterness introduced a staff report into the record. However, she said that new information has been received that indicates that the subdivision property lines were erased due to aban- donment of a street after 1937. The Commission, therefore, has no jurisdiction to approve this. Deputy County Counsel Sandra Affonso said she researched this. Research indicated that this is no longer an official map. The first comprehensive Subdivision Map Act was adopted in 1937 . The validity of a subdivision map filed in 1893 requires the finding that the sub- division was validated and certain criteria must be included in that. There was never any validation of this map - only a recordation. There was a conveyance of 5 . 5 acres to someone. In 1891 they peti- tioned the Board of Supervisors to abandon all of the roadways in this subdivision, and they specified that the road was used for farming and they would continue to farm it, and the roads were not necessary. In 1892 the Board of Supervisors granted the petition to abandon the roads in the "subdivision. " Since that time there is no recording in the County that this land was ever in small lots. In 1894 George Hornage petitioned for the creation of Alpine Road. In 1929 four par- cels adjacent to subject property had been conveyed to other property owners and farmers and they petitioned for creation of Orford Road. The deeds were accepted by the Board of Supervisors. There has never been any reference or validation that would say this 1880 map created any kind of subdivision. She said the conclusion is that the sub- division was never created. There were no valid parcels, and there can be no resubdivision at less than zone minimum. Ms. Affonso said this information became available to her this afternoon. Ms. Satterness said that based on Counsel 's opinion, staff recommended denial of the Minor Subdivision Application. PUBLIC HEARING OPENED PROPONENTS: Vern Hansen, one of the applicants, said they have been working on this request since last August. They proceeded to this point, working with staff , and they found out only this afternoon the position of County Counsel. He said he felt that there is still a possibility that the Evergreen Subdivision does exist. The Board of Supervisors abandoned only streets and alleys. Evergreen Subdivision does not reference streets, roads or alleys on the recorded map. Mr. Hansen said he would like the opportunity to have some time to do PC: 5/7/87 -1- MINUTES