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Recommendations Action It is recommended that the Planning Commission: 1. Deny Variance Application No. PA-1800029 based on the inability to make Findings No. 1 and Number 2 contained in the staff report. Findings 1. 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. • 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 the vicinity with parcels having 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. 2. 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. • This finding cannot be made because granting this Variance will constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated. The Loduca Estates parcels, which include the subject parcel, were originally created from an antiquated subdivision that was recorded in 1911. In both 1988 and 1990, when the resubdivision applications were submitted, the argument made for recommending approval of the applications was that it was a reconfiguration of an antiquated subdivision and that no new nonconforming parcels were being created (Planning Title Section 9-9105[b]). This Minor Subdivision application, if approved, will create two (2) new nonconforming parcels, a speciai privilege that would not be afforded other properties in the vicinity and zone in which the subject property is situated. There are no limitations upon this property that are not also on neighboring properties in the vicinity and within the same zone. 3. The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. • This finding can be made because the Variance application does not authorize a use that is not otherwise expressly authorized by the General Plan or Development Title. Residential and agricultural uses are permitted in the A/G (General Agriculture) General Plan designation and in the AG-40(General Agriculture, 40-acre minimum) zone. San Joaquin County PA-1800029 Community Development Page 7