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l Recommendations Action It is recommended that the Planning Commission deny Variance No.VR-01-3 based on the inability to make Findings 1 and 2 in the staff report. Findings 1. SPECIAL CIRCUMSTANCES: Because of 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 properties in the vicinity and under identical zone classification. • 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 true. However, because there are smaller parcels in the vicinity does not constitute a special circumstance. There is no documentation stating how the applicant is being deprived of privileges enjoyed by other properties in the vicinity. Furthermore, the smaller parcels of which the applicant speaks are zoned AL-5(Limited Agriculture, 5- acre minimum parcel size). The properties are not under identical zone classification. 2. NO SPECIAL PRIVILEGES: The granting of the Variance will not constitute a grant of special I privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated. • This finding cannot be made because the property is zoned AG-40(General Agriculture, 40-acre minimum for any newly created parcel). There are several smaller parcels in the vicinity of the project. However,these parcels are zoned AL-5 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. These parcels are not permitted to subdivide. Therefore,granting of the Variance would grant a special privilege to the applicant. The effect of this application is to rezone the property through the Variance process. 3. USE AUTHORIZED: The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. • This finding can be made because the Variance application is for parcel size only and would not authorize a use or activity which is not otherwise expressly authorized by the regulation governing this parcel of property. Specifxaty,the proposed subdivision will provide the opportunity to build additional residences which are a permitted use in the AG-40 zone. San Joaquin County VR-01-31Dinn . Community Development Page 5