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Recommendations Action It is recommended that the Planning Commission deny Variance Application No. VR-94-2 due to the inability to make Findings 1 and 2. Findings 1. Because of the special circumstances applicable to the property, including size, shape, topography, location,or surroundings,the strict application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. • This finding cannot be trade because the circumstances applicable to the property are not special relative to other properties in the vicinity. The site is not unusual relative to size, shape,topography, location,or surroundings. Other properties in the vicinity and under identical zoning cannot exceed the General Plan density of one primary dwelling per 20 acres and must conform to Section 9-610.3(a)(3), which prohibits the transfer of property for 10 years. 2. The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. • This finding cannot be made because other properties are limited by Section 9-610.3. Specifically, Section 9-610.3(a)(3) prohibits the owner from transferring ownership of the homesite for a period of 10 years. Also, other properties are prohibited from exceeding the General Agriculture General Plan density�of one primary dwelling per 20 acres. 3. The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. • This finding can be made because the only additional use to be authorized by this variance is an additional single-family dwelling. A single-family dwelling is a permitted use in the AG zones. San Joaquin County VR-94-2/Potter Community Development Page 8