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iqns,,, <br /> Action <br /> It is recommended that the Planning Commission denyV;Vanan`ceApplication Number PA=0700364 because <br /> of ihe,inability;to"make Findings 1."and 2. <br /> Frndings'` <br /> Finding;1," Because Of',the special circumstances -applicable.'to the property; including size, shape, <br /> topography, location, or "surroundings,.;,the strict applicatFon o1.f,Elie reguaat�on deprives the property of <br /> privileges enjoyed by other property in th'e vicinity'and under.identical zoning clasSification., <br /> • I Ills finding cannot be made because the property has no special circumstances that deprive <br /> the property owner of the privileges enjoyed by other; roperty in the vicinity and"under identical <br /> zoning classificafioris. .The.39 36 acre';parceI a conforrhing parcel =1 for the AG-40.zone. <br /> Neither the size, 'shape,"topography,``location, nor"surroun dings:."deprives the property of <br /> privileges enjoyed by other property in the vicinity and under th'e identical.zoning classification. <br /> Finding 2. The granting of the Variance will.not.Constitute a�grant of.s' I privileges inconsistent with the <br /> limitations upon other properties in the vicinity and zone in which the"property is situated. <br /> • This finding cannot be made because the granting,.of the Variance will constitute a grant of <br /> special privileges inconsistent with the limitations upon other properties in the vicinity and zone <br /> in.which the property is situated. Surrounding property owners are-not able to divide their <br /> parcels smaller than 40 acres, with the exception.of Development Title Section 9-610.3(a)-(g). <br /> Additionally, surrounding property owners are not able to increase the number of existing, <br /> nonconforming parcels when adjusting property lines pursuant to Development Title Section 9- <br /> 872.2. <br /> Finding 3. The Variance will not authorize a use or activity which is not otherwise expressly authorized by <br /> the regulation governing the parcel of property. <br /> • This finding can be made because there would be no change to the permitted uses. The current <br /> use on the property is residential and agricultural. Residential and agriculture uses are <br /> permitted uses in the AG-40 zone. <br /> San Joaquin County PA-07003641Noceti <br /> Community Development Page 5 <br />