Allen

The question is whether a planning commission exceeded its jurisdiction in granting a variance from a zoning ordinance to allow land which is zoned R-l-A, for resi dential use and light agricultural use, to be used as a mobile home park.

General Statement of Facts

The property for which the variance at issue was approved is a 20-acre tract of land owned by respondent A. G. Brisaek, and located in the Azalea Hill district of Humboldt County. This is a rural residential area populated largely by members of the faculty of Humboldt State College. Before June 21, 1961, the area was unzoned.

About April 10, 1961, respondent Brisaek began preparations to convert his 20-acre plot into a trailer park. He hired an engineer, Beed. Beed’s job was to prepare plans; he surveyed the territory, ran contour lines, and laid out terraces. Beed estimated that he performed about $3,500 worth of work. Brisaek himself graded and leveled the terrain, effecting, according to his testimony, a significant change in the profile of the land for his specific program. At some point during these preparations Brisaek consulted the Secretary of the Humboldt County Planning Commission, McCuteheon, in order to…