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Item No. 1 PC: 4-2-92 VR-92-2 Page 4 To make Finding No. 3, it must be shown that the Variance will not authorize a use or activity that is not otherwise expressly authorized by the zone regulation governing the parcel. This Finding cannot be made because granting the Variance would essentially constitute a rezoning and would permit one additional residence to be constructed on the site. The AG-40 zone permits a minimum parcel size of 40 acres and one dwelling unit per each 40 acres. This Variance would permit two substantially less than minimum size parcels and one additional homesite to be created, which is not permitted with the existing zone. The applicant's findings are attached. AREA/NEIGHBORHOOD COMPATIBILITY: Access: Parcels created by a Minor Subdivision shall be provided with access by frontage on a public roadway (Section 9-9380). There is no frontage on a public roadway for this parcel, since Helen Lane is a private road. Board of Supervisors Resolution 88-1200, regarding standard conditions for approval of a Private Right-of-Way, states, '(c) If a new parcel is being created, a maximum of six existing and/or potential lots may be served.' Since this is a Board Resolution, the Board of Supervisors has jurisdiction over this issue. There are currently ten parcels with access on Helen Lane. The Minor Subdivision that will result if this Variance is approved will create the 11th parcel with access on Helen Lane. The Department of Public Works has recommended denial because the private road (Helen Lane) serves more than six lots, and the proposed parcel will not have public road frontage. Opposition: Three letters of opposition have been received. The opposition states that the small parcel size is not consistent with the intense agriculture in the area The opposition also objects to reducing the area of open space required in the AG-40 zone and thus permitting a residence too close to their residences. FACILITIES/SERVICES: Sewage Disposal: The Environmental Health Division referred to ER-88-1 that was prepared for an earlier project in the area called Morada Meadows and which was denied by the Board of Supervisors. In that report, a potential nitrate problem was identified .2 mile from the subject site. In ER-88-1, it was recommended that parcels should not be created smaller than two acres in size; for this reason, Environmental Health is recommending denial. if the Variance is approved, the development will have to meet the requirements of Environmental Health at the time the tentative map is approved.