SU0007881 - Laserfiche WebLink

Home Browse Search

Analysis Policy Considerations For a Variance application to be approved, three findings for a Variance must be made in the affirmative. The applicant submitted findings for approval of the application. Findings 1 and 2 cannot be made in the affirmative. Finding One: Special`Circumstances 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. Applicant's Statement: "Due to the size of the property, the location of the Stockton East Water District Canal, and accessibility'ssues with planting and harvesting equipment, it is prohibitive for the owner to plant in this area. The strict application of the zoning regulations deprives him of a substantial amount of agricultural area that can be utilized. Other owners are not encumbered by this situation and enjoy the ability to plant and harvest the full extent of their respective properties. " The project site doed�-have a special circumstance due to the location-of the Stockton East Water District Canal. However, this finding cannot be made because the privilege the applicant is requesting is for the subdivision of the property. This site does not have that privilege. Other properties within the same vicinity and with the same zoning classification cannot create (two) 2 parcels from less than 320 acres. The parcel is relatively flat agricultural land of sufficient size and shape to enjoy the same privileges as other properties in the vicinity. This parcel does not have a unique shape. In addition, adjacent to the project site to the west and south are parcels of 358.0, 278.0 and 152 acres respectively in which the Stockton East Water District canal traverses in a similar manner as the proposed project site. These parcels are under the same zone classification and are governed by the same privileges and limitations based on their property size. Ingress and egress to the entire parcel site can be gained from Escalon-Bellota Road. Additignally, access to the southern portion of the site can be gained by a crossing on the parcel between the canal and the roadway. Subdividing the parcel does not alter access to the site, and:it is not situated in a way where the vacant part of the parcel to the south cannot be utilized by the applicant. I Finding Two: No Special Privileges 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. Applicant's Statement. • "The granting of the Variance will not confer a special privilege as other property owners do not have the sam.e encumbrances, i.e., due to the Stockton East Water District Canal separating a portion of their parcels from the main portion." This finding cannot be made because granting this Variance will constitute a grant of special-privileges, as the AG-160 zones does not provide for the creation of two (2) lots on 170 acres. The zone minimum for the creation of new lots is 160 acres. There are no limitations upon this property that are not also on San Joaquin County`; PA-0900187/Foothill/Murphy Community Development Page 4 E }' I