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MR Item No. 2 PLANNING COMMISSION MINUTES SEPTEMBER 18 , 1986 4 . DEVIATION APPLICATION NO. DV-86-4 AND MAJOR SUBDIVISION APPLICATION NO. SU-86-13 OF AMERICAN SAVINGS AND HOWARD LAWSON (C/O WONG ENGINEERS, INC. ) for a Deviation of the minimum lot area from 65 , 000 square feet to 58,600 square feet (for Lot 0, and a Major Subdivision of an 8 . 94-acre parcel into six rural residential lots; on property located on the north side of Cherokee Road, 115 feet west of Lagorio Road, east of Stockton. Mr. Baracco introduced a staff report into the record. Mr. Gau, Department of Public Works, said that they had no conditions on the Deviation, but if the Subdivision is approved, it will be sub- ject to conditions. PUBLIC HEARING OPENED PROPONENTS: Chance Wong, Civil Engineer, 210 N. Hunter Street, Stockton, was present for the application. He said that the only questions on this project are regarding the Deviation and the water system. He noted that this application is a duplicate of the one approved in 1982 , and that a considerable investment was made in the property since that approval. He noted that the Hagans (applicant for the ori- ginal subdivision request ) had difficulty in financing the subdivision and the property eventually went through foreclosure. Some of the actions that were taken since the original approval involved approval of the tentative map, the property was surveyed, the final map was prepared, the percolation tests for sewage were prepared; and the improvement plans were prepared for approval . American Savings was the lending agency and ultimately the property was returned to them. Now they would like to pick up the project and finish it off . Mr. Wong said that they are asking for a 10 percent deviation, but if you considered the deviation on the total six lots, it would only be 2 .5 percent. Mr. Wong also said that the lot under consideration is larger than many lots in the area that have the same zoning. Further, he said that 10 ' of the frontage of the property was lost because of The requirement of dedication . Also, Cherokee Road right-of-way is 30 ' too wide and there could be a 15 ' abandonment. However, he was not in favor of the abandonment as he said that would cause a jog in the right-of-way line. Mr. Wong said they objected to the recommendation for a community water system. As to the drainage ponds , they are in agreement to con- dition the CC&R' s that drainage ponds must be maintained and not be filled in. PC: 9/18/86 -1- MINUTES