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I, r - Analysis- Background nalysisBack round There currently exists two single-family residences and various accessory buildings k=ted on the northernmost section of the 19.96-acre parcel. General Pian &Zoning The current General Plan designation for the parcel is AIG (General Agriculture), and the zoning is AG-40 (General Agriculture, 40-acre minimum parcel size). The General Plan density for the AIG designation is one primary dwelling unit per 20 gross acres(General Plan Vol., p.Vl-10). If the Variance is approved,the applicant is proposing to create four 4.99-acre parcels,which will create three additional buildable parcels within an area less than 20 acres in the AG-40 zone. Approval of the Variance would enable the applicant to submit a Minor Subdivision application that is inconsistent with the General Plan density requirements. Policy Considerations For a Variance application to be approved,three Findings for a Variance (included in the staff report) must be made in the affirmative. The bases for the applicant's Findings are not supported by facts. The applicant has submitted the findings for approval of the application. The first-finding requires special circumstances which deprive the property of privileges enjoyed by other properties in the vicinity. In support of this Finding,the applicant states that the subject property is deprived privileges enjoyed by other properties in the vicinity because the subject parcel is larger than the adjacent parcels in the vicinity. i This finding cannot be made because the documentation submitted by the applicant does not identify any special circumstances specific to this property relative to its size, shape, topography, location, or surroundings that would support the Variance. The applicant states that there are parcels in the vicinity which are below the zone minimum. This statement is irrelevant. There are no special circumstances. There is AL-5(Limited Agriculture, 5-acre minimum parcel size)zoning to the west of the subject property. The AL-5 zone permits 5-acre parcels. Neighboring zoning is not a special circumstance to permit a Variance. A more appropriate approach may be for the applicant to seek a General Plan Amendment and Zone Reclassification to AIL and AL-5 respectively. The second finding does not permit granting special privileges that are inconsistent with the limitations on other properties and the zone in which the property is located. In support of this Finding, the applicant states that no special privileges would be granted because many of the.parcels in the vicinity have the ` privilege of smaller homesites. This finding cannot be made because the property is zoned AG-40, and granting of this Variance would be granting special privileges inconsistent with the limitations on other properties in the vicinity under identical zone classification. There are several smaller parcels in the vicinity of the project. However, these parcels are zoned AL-5(Limited Agriculture, 5-acre minimum parcel size) and were created consistent with the General Plan, zoning, and code requirements that were in effect at that time. Furthermore, there are adjacent parcels in the vicinity which are zoned AG-40 and are 10 acres or more in size. The AG-40 zone does not permit the creation of a parcel less than 40 acres in size. This limitation applies to all properties-in the AG-40 zone. Permitting one property to vary the limitations, while all other properties in the vicinity under identical zone classification must abide by these same limitations, constitutes special privileges. The effect of this application is to rezone the property through the Variance �J San .Joaquin County VR-01-31Dinn Community Development Page 3