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Agency Responses The Community Development Department has received responses from the following agencies; the San Joaquin County Sheriff Department, the San Joaquin County Department of Public Works and the City of Stockton Public Works Department. Specifically, the Sheriff Department stated that they would not be able to support the project because the encroaching structure would cause clearance issues. The City of not support the Department stated that the also can pp proposed Stockton Public Works Depart Y project because the reduction lends to the potential of parked vehicles in the driveway encroaching into the public right-of-way and ultimately blocking the public right-of-way; and the San Joaquin County Department of Public Works is recommending denial because the proposed project would result in a three (3) foot encroachment into the public right-of-way. i Findings Pursuant to Development Title Section 9-827.5, prior to approving an application for a Variance, the Review Authority shall find that all of the following findings are true: l 1. Special Circumstances. Because of the special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict a application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The applicant states: "Provide covered or shaded area for driveway." This finding cannot be made because the property does not have any special circumstances applicable to it. The parcel is 0.3 acres in size and is similar in size to the neighboring parcels. The parcel is relatively flat residential land, of sufficient size and shape to enjoy the same privileges as other properties in the vicinity. 2. 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. The applicant states: "Only three (3) properties on Gary Avenue would meet the required 30 foot setback. Other properties within a two (2) block area have carports that do not meet the setback requirements. The garage and side structures are only 20 feet from the property line. This finding cannot be made because granting this variance will constitute a grant of special privileges. There are no limitations upon this property that are not also on the properties in the vicinity and zone. All properties in the vicinity are required to abide by the regulations within the General Plan and Development Title. 2