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P° o SAN JOAQUIN COUNTY :—•�--� �COMMUNITY DEVELOPMENT DEPARTMENT 1810 E.HAZELTON AVE, STOCKTON,CA 95205-6232 4�iFp'R NPHONE:2D91468-3121 FAX',2091468-3163 December 5, 2001 MEMORANDUM TO: Development Committee FROM: Jeff Fisher T� Associate Planner SUBJECT: VARIANCE APPLICATION NO. VR-01-3 OF ROYELLE DINN The applicant has submitted the above referenced application requesting a Variance to reduce the minimum parcel size in the AG-40 zone from 40-acres to 4.9-acres to permit a Minor Subdivision application. If the Variance is approved, the applicant intends to subdivide a 19.96-acre parcel into four (4) 4.99-acre individual parcels. The project site is located on the south side of Harney Lane, 700-feet east of Eberhard Road, east of Lodi. The application is scheduled to be heard by the Planning Commission on January 3, 2002. The Community Development Department has reviewed the proposed Variance application and will be recommending that it be denied based on the inability to make all of the required findings in the affirmative. 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.