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Analysis Background On June 17, 1911, Subdivision Map "Record Junction Tract"was recorded creating eight (8) parcels of 2.2 acres each. On July 24, 1987, Major Subdivision application No. SU-88-0001 was submitted to resubdivide the eight(8) "Record Junction Tract" parcels and two (2) additional parcels into ten (10) parcels. Eight (8) of the ten (10) proposed reconfigured parcels ranged in size from 2.00 acres to 2.60 acres in size. The two remaining proposed parcels were 4.74 acres and 19.70 acres in size. The parcels were zoned GA-40 at the time this application was submitted. This zoning designation is equivalent to the current AG-40 (General Agriculture, 40-acre minimum) zoning designation. Pursuant to the Planning Title provisions (Planning Title Section 9- 9105[b]) that were in effect at the time, only new parcels created by subdivision had to meet the minimum requirements of the zoning district in which they were located. The application was a request to realign existing parcels and no new parcels were to be created. On October 15, 1987, the Planning Commission denied Major Subdivision application No. SU-88-0001 based on the inability to make the findings that the site was suitable for the proposed use and density, and that it was consistent with specific and approved plans. The applicant appealed the denial of the application to the Board of Supervisors and the appeal was denied on February 9, 1988. On September 22, 1989, the applicant resubmitted the same tentative map request under Major Subdivision application No. SU-90-0016. On February 15, 1990, the Planning Commission approved Major Subdivision Application No. SU-90-0016 to resubdivide the eight (8) 'Record Junction Tract" parcels and two (2) additional parcels into ten (10) reconfigured parcels, creating Loduca Estates. The subject parcel was Parcel 6 of Loduca Estates, and was 4.74 acres in size. Policy Consideration In order to approve a Variance application, three (3) findings must be made in the affirmative. The applicant has submitted findings for the approval of the application. The Community Development Department is recommending the Planning Commission deny the Variance application because findings No. 1 and No. 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 nonconforming parcels in the AG-40 zone. Other property owners in San Joaquin County PA-1800029 Community Development Page 4