Laserfiche WebLink
PC: 4-2-92 <br /> VR-92-2 <br /> RECOMMENDATION <br /> It is recommended that the Planning Commission: <br /> 1. Deny Variance Application No. VR-92-2 because Findings No. 1, 2, and 3 cannot be made. <br /> FINDINGS <br /> 1. Because of the special circumstances applicable to the property, including size, shape, <br /> topography, location, or surroundings, the strict application of the zone regulation deprives the <br /> property of privileges enjoyed by other property in the vicinity and under the identical zone <br /> classification. <br /> • <br /> This Finding cannot be made because there are no special circumstances applicable <br /> to the property that deprive the property owner of any privileges enjoyed by other <br /> properties In the vicinity. Although there are three parcels In the vicinity that are <br /> smaller than one acre, within the County there have been no new parcels smaller <br /> than one acre created In the AG-40 zone since the adoption of the Development <br /> Requirements In 1987. <br /> L <br /> 2. The granting of the Variance will not constitute a grant of special privileges inconsistent with the <br /> limitations upon other properties in the vicinity and zone in which the property is situated. <br /> This Finding cannot be made because granting this Variance would constitute a <br /> granting of special privilege by enabling the applicant to create two parcels with <br /> significantly less area than the 40-acre minimum required In the AG-40 zone. This <br /> would permit an additional homeslle, which would be in conflict with both the area's <br /> zone and the General Plan density requirements for agriculturally designated land. <br /> Granting this Variance would have the effect of rezoning the property to permit small <br /> residential parcels. Granting this Variance would also constitute a granting of special <br /> privilege by enabling the applicant to create more than the allowed number of parcels <br /> on a private right-of-way. <br /> 3. The Variance will not authorize a use or activity that is not otherwise expressly authorized by the <br /> zone regulation governing the parcel of property. <br /> This Finding cannot be made because granting the Variance would essentially <br /> constitute a rezoning and would permit one additional residence to be constructed <br /> on the site. The AG-40 zone permits a minimum parcel size of 40 acres and one <br /> dwelling unit per 40 acres. This Variance would permit two parcels and result In an <br /> extra homesite, which the zone does not permit. <br /> -5- <br />