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5P' b <br /> s� <br /> 4 e •�. <br /> This finding�cannot be made because the property has no special circumstances <br /> that deprive the property owner of the privileges enjoyed by other property in the <br /> vicinity and 'under identical zoning classifications. The parcel is an appropriate size <br /> for the AG40 zone. The conforming parcel is bounded on the west side by'the San <br /> Joaquin River. Neither the size, shape, topography, location, nor surroundings <br /> deprives the property of privileges enjoyed by other property in the vicinity and = <br /> under the identical zoning classification. The underlying application is a Lot Line <br /> Adjustment that would enable the property owner to sell a portion of the land to the <br /> adjacent property owner. The property has not been denied a use. <br /> Finding 2. The granting of the Variance will not constitute a grant of special privileges <br /> inconsistent with the limitations upon other properties in the vicinity and zone in which the <br /> property is situated. <br /> This finding cannot be made because the granting of the Variance will constitute a <br /> grant of special privileges inconsistent with the limitations upon other properties in <br /> the vicinityand <br /> zone in which the property is situated. Surrounding property <br /> owners are not able to divide their parcels smaller than 40 acres, with the exception <br /> of homesite parcels and homesite parcels for financing purposes. Approval of this <br /> Variance would set a precedent for similar requests. <br /> i <br /> Finding 3. The Variance will not authorize a use or activity which is not otherwise <br /> expressly authorized by the regulation governing the parcel of property. � <br /> This finding can be made because there would be no change to the permitted uses. <br /> The current use on the property is residential and agricultural. Residential and <br /> agriculture are permitted uses in the AG-40 zone. <br /> The application is scheduled to be heard by the Planning Commission on December 6, <br /> 2007. <br /> F <br /> The Community Development Department has reviewed the proposed Variance { <br /> application and will be recommending that it be denied based on the inability to make all of <br /> the required findings. <br /> I <br /> CK:vb <br /> PA-0700469(VR)CKDC 11142007 <br /> Attachment <br /> C: Cathie Luckey <br /> Michael Hakeem <br /> 2 <br />