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Area Exceptions <br /> An area exception for the Agricultural Processing Use Type is only applicable in the <br /> General Agriculture zone, not in the Limited Agriculture zone. <br /> Variance <br /> A Variance application provides a means of altering the requirements of the <br /> Development Title in specific instances where the strict application of those <br /> requirements would deprive a property of privileges enjoyed by other properties in the <br /> vicinity and under identical zoning because of special circumstances applicable to the <br /> property involved. The Community Development Department has reviewed the proposed <br /> Variance application and will be recommending that it be denied based on the inability to <br /> make all of the required findings. <br /> The application is scheduled to be heard by the Planning Commission on September 15, <br /> 2005. <br /> Variance Findings <br /> Development Title Section 9-827 states that prior to approving an application for a <br /> Variance, the Review Authority shall find that all of the following are true: <br /> Finding 1. Because of the special circumstances applicable to the property, including <br /> size, shape, topography, location, or surroundings, the strict application of this regulation <br /> deprives the property of the privileges enjoyed by other property in the vicinity and under <br /> identical zoning classifications. <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. This is a typical agricultural <br /> parcel that contains two uses. The parcel is an appropriate size for the AL-10 <br /> zone. The parcel is a flat, roughly rectangular shape and is surrounded by similar <br /> agricultural uses. <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 <br /> the 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 <br /> in the vicinity and zone in which the property is situated. Surrounding property <br /> owners cannot divide their parcels based upon its uses. The Development Title <br /> does not contain exceptions for lot size for parcels in the AL-10 zone. Approval of <br /> this Variance would set a precedent for similar requests. <br /> Finding 3. The Variance will not authorize a use or activity which is not otherwise <br /> expressly authorized by the regulations governing the parcel of property. <br /> This finding can be made because there would be no change to the permitted <br /> uses. The current uses are agriculture and agricultural processing. Agriculture is <br /> a permitted use in an AL-10 zone. Agricultural processing is a permitted use in an <br /> 2 <br />