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Finding 3. The Variance will not authorize a use or activity that is not otherwise expressly <br /> authorized by the regulation governing the parcel of property. <br /> The applicant states: <br /> Appeal <br /> Leonard & Company has the right to appeal the State decision by contacting Julie Dunning the <br /> District Director However, Leonard& Company, Inc. believes that trimming the 45-year-old trees <br /> would cause them harm and chose not to appeal this decision. <br /> Variance <br /> It is our opinion that the Variance process through San Joaquin County is the best option for us to <br /> pursue. The State advises there is a precedent that has already been set for 65 foot billboards <br /> along this corridor of I-5. The 50 foot grade at road level should not apply to the undeveloped lot <br /> since the topography of this parcel sits below the freeway and road grade. The 50 foot grade <br /> should begin at the freeway or frontage road level which seems to be the precedent already set <br /> by other signs. <br /> Finally, trimming the historic orchard trees is not an option we wish to pursue. We believe the <br /> County would prefer a uniform look along the I-5 corridor rather than the "hodge podge look"of <br /> varying size height the 50 foot grade set using the undeveloped land created under the current <br /> standard with this sign. <br /> This finding can be made because a billboard sign is a conditionally permitted use in the I- <br /> G zone with an approved Site Approval application. The Variance if approved will increase <br /> the height of the existing billboard sign. <br /> San Joaquin County PA-0400278\Muller <br /> Community Development Page 5 <br />