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Appeal re: MS-88-3 ; Owner: G. Charles Jagir <br /> 2 . The planning commission(PC) arbitrarily took it upon themselves <br /> not to hold a public hearing even though requested-which they did <br /> do one year ago.The PC forced appellants to file an appeal to that body <br /> when it was known with certainty what the outcome would be based <br /> on the advocacy position take by the staff and PC reflected in <br /> their Staff Report. This was detrimental to appellants and fcrced them tc <br /> incur unnecessary costs and expenses. <br /> 3 . The position of the PC clearly shcf4o4 a favoritism or advocacy <br /> position for respondent Jagir . As addressed to this Honorable Board one <br /> year ago appellants were convinced that respondent had some inside <br /> dealings with the planning department and/or the PC. Based on their <br /> report and the apeal to the PC, I am absolutely convinced and demand <br /> an investigation. <br /> 4 . The "Greenbelt" study clearly shd's the area in question to be <br /> in the Micke Grove plan which is being denied by the PC. While informed <br /> by the Honorable Board that their is no "Official Greenbelt" the <br /> study done by the county was valid and clearly indicates that it is <br /> not in the best interest of the county and surrounding residents <br /> to grant further minor subdivisions in this area. <br /> 5 . Respondent is a school teacher and real estate developer <br /> in San Joaquin County and is not an "owner-operator" .No evidence <br /> was ever provided to appellants . <br /> 6 . Based on the decision of the PC further subdivisions can be grante <br /> as a matter of right. The granting of respondents requests now allows <br /> the builing of two homes , one each on parcel A and B. A mere <br /> transfer of the remaing large parcel will allow the subsequent owner <br /> to obtain the same type of "variance" and so on down the line, <br /> creating several small one to two acre parcels . <br /> 7 . No public hearing was held nor were local residents notified <br /> of the request, including myself . A hearing was held by the PC one year <br /> before. The Staff Report indicates that surrounding property owners <br /> were notified, and this is not true. I live on the second parcel to <br /> the west of respondent and did not receive notice.Respondent knows <br /> that I am opposed to the split, and so is the PC and Staff, and it <br /> seems only tocconvenient that that the parcel map supplied by <br /> respondent was used by the Staff and PC to give their notice, if it <br /> was given at all, and that I was not on the map. <br /> 8 . The PC has again taken the position that the code mandates a <br /> parcel split. However, that is not the case as indicated by this <br /> Honorable Board when they reversed the PC' s decision one year ago. <br /> 9 . The properte owned is a parnership made up of several families . <br /> It is not conceivable that the other owners are content to allow <br /> respondent only to build a home. While for some purposes the law <br /> may recognise a partnership as an individual, it certainly has no place <br /> for such recognition when it comes to building a single family <br /> residence. <br /> -2- <br />