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Item No. 2 Howard Lawson, Vice-President of American Savings, was present and noted how they acquired the property' through foreclosure of the loan on the property. He was of the view that the situation created an exceptional circumstance. He said that reduction of the subdivision from six lots to five would devalue the property. OPPONENTS: None Mrs . Affonso, Deputy County Counsel, said that regarding Mr. Lawson' s comments on exceptional circumstances, and for the benefit of the new Commissioner present this evening, she would explain that the cir- cumstance must have to do with the parcel itself - geography - something peculiar on the makeup of that land. It is not based on the economics of the property. PUBLIC HEARING CLOSED Comm. Jungeblut suggested the applicant investigate the possibility of abandoning 15 ' along Cherokee Road. Mr. Gau commented that if there was to be any abandonment, it would have to be for the full length of Cherokee Road. He discussed more of the details on this procedure. Comm. Carter spoke on Deviation Finding No. 3 . She felt that the owners ' rights are being denied based on what others could do with the "then-existing zoning. " Comm. Gillispie noted that nothing happened under the previous zone; that this is a new application. Comm. Carter noted that RR-65 existed before 1984 and there were apparent deviations granted, based on what the area looks Like. Mr. Olsen, Local Health District, said that prior to 1973 the parcel sizes in the area could have gone down to 20 , 000 square feet. MOTION: Moved, seconded (Bozzano-Carter ) and carried by a unanimous roll call vote to deny the Deviation. BASIS FOR DENIAL: Inability to make Findings #2, #3 , and #4 positive. Comm. Gabbard absent. Mr. Wong requested the Major Subdivision application be continued to November 6, 1986 to allow submission of a revised tentative map for five lots. PC: 9/18/86 -2- MINUTES