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Recommendations Action i It is recommended that the Planning Commission: 1. Deny Variance Application No. PA-0900187 because of the inability to make Findings 1 and 2 k contained in the,staff report. Findings Development Title Section 9-827.5 states that prior to approving an application for a Variance, the Review Authority shall find that all of the following are true: 1. Because of the s' ecial 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. Due to the location of the Stockton East Water District Canal,the project site does have a special circumstance. 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 160 acres in size and is relatively flat agricultural land of similar size and shape to,the neighboring parcels.There are several parcels to the west and south of the project site that have very similar topographic circumstances,such as the course the Stockton East Water District canal takes as it passes through these parcels in a similar iiianner as the project site.These parcels are under the same zone classification; and are governed by the same privileges and limitations,based on their property size. Subdividing the parcel does not alter access to the site, end the site is not situated in a way where the vacant portion of the parcel to the south cannot be utilized by the applicant. 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 granting this Variance will constitute a grant of special-privileges that are not enjoyed by the surrounding properties, as the AG -160 zones does notp rovide for the creation of two (2) lots on 170 acres. The zone minimuiti for the creation of new lots is 160 acres. There are no limitations upon this property that are not also on the properties in the vicinity and zone. 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. The surrounding parcels are consistent with the zone minimum in size, and have the same zone classification and General Plan designation as the project site. AII.,properties in the vicinity are required to abide by the regulations within the General_Plan and the Development Title. San Joaquin County' PA-09001871Foothill/Murphy Community Development Page 6 i k i '