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Analysis Background On February 1, 1990, the Planning Commission approved Major Subdivision application No. SU-90-0016 to resubdivide ten (10) existing parcels into a new configuration of ten (10) parcels, creating Loduca Estates. Eight (8) of the ten (10) reconfigured parcels range in size from 2 acres to 2.6 acres. The subject parcel, Parcel 6 of Loduca Estates, is 4.74 acres in size. One larger parcel was created, Parcel 10, which is 19.7 acres in size. Policy Consideration In order to approve a Variance application, three (3) Findings must be made in the affirmative. The applicant submitted findings for the approval of the application. The Community Development Department is recommending the Planning Commission deny the Variance application because Findings Number 1 and Number 2 cannot be made in the affirmative. Finding 1: Special Circumstance Because of the 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 property in the vicinity and under identical zoning classification. Applicant's Statement "Variance to minimum lot size under AG-40 (General Agriculture, 40-acre minimum) zoning is consistent to surrounding properties in Loduca Estates. If findings can be made, the lot will be no less than two (2) acres and made for homesite." • This finding cannot be made because the subject parcel has no special circumstances which would deprive it of privileges enjoyed by other property in the vicinity and under identical zoning classification. The applicant's proposed finding that the parcels surrounding the subject parcel are smaller does not constitute a finding of deprivation. The 4.73-acre subject parcel and the surrounding parcels are non-conforming parcels in the AG-40 zone. These parcels were created consistent with the General Plan, zoning, and code requirements that were in effect at that time.The parcels are now under the purview of the current Development Title. Surrounding property owners within the same vicinity and with the same zoning classification are not able to divide their parcels smaller than 40 acres with the exception of homesite parcels, homesite parcels for financing purposes, parcels for certain specified uses, parcels for dwellings on the same lot,or parcels based on lot size averaging. Finding 2: No Special Privileges The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Applicant's Statement "No special privileges to be granted. Property will be consistent to neighboring properties within Loduca Estates." San Joaquin County PA-1800029/Mathews Community Development Page 4