Bringle

Plaintiff owns four acres of land fronting on Bolsa Avenue in Orange County about five or six miles from the city of Santa Ana. The property is zoned for agricultural purposes. In 1952 plaintiff was granted a five-year variance which permitted him to use the property in connection with his excavating business and to maintain a storage yard for a dump truck, crane, and two tractors. Upon the *88 expiration of the variance, plaintiff applied for another one for the same use. It was granted for five years upon condition that plaintiff dedicate to the county without compensation an easement 30 feet wide and 132 feet long for a right of way for the widening of Bolsa Avenue. Plaintiff brought this proceeding to have the condition declared invalid and to compel defendants to issue the variance without it. We have concluded that the judgment of the trial court holding the condition valid should be affirmed.

Section 19B of Ordinance 351 provides that the board of supervisors after receipt of the recommendation and other action of the planning commission shall under certain circumstances have the power to authorize the issuance of a variance permit. The board is also authorized to impose…

In my view the opinion prepared for the District Court of Appeal by Justice Pro Tempore Monroe and concurred in by Presiding Justice Griffin and Justice Shepard (reported in (Cal.App.) 345 P.2d 983 ) is well reasoned, adequately documented, and correctly defines and resolves the controlling issue presented by the record before us. For the reasons and on the grounds therein elucidated I would reverse the judgment and remand the cause to the trial court with directions to grant the writ and order the issuance of the permit of zone variance without the restrictions about which petitioner complains.

McComb, J., concurred.

Plaintiff owns four acres of land fronting on Bolsa Avenue in Orange County about five or six miles from the city of Santa Ana. The property is zoned for agricultural purposes. In 1952 plaintiff was granted a five-year variance which permitted him to use the property in connection with his excavating business and to maintain a storage yard for a dump truck, crane, and two tractors. Upon the expiration of the variance, plaintiff applied for another one for the same use. It was granted for five years upon condition that plaintiff dedicate to the county without compensation an easement 30 feet wide and 132 feet long for a right of way for the widening of Bolsa Avenue. Plaintiff brought this proceeding to have the condition declared invalid and to compel defendants to issue the variance without it. We have concluded that the judgment of the trial court holding the condition valid should be affirmed.

Section 19B of Ordinance 351 provides that the board of supervisors after receipt of the recommendation and other action of the planning commission shall under certain circumstances have the power to authorize the issuance of a variance permit. The board is also authorized…