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Development Title Section 9-827 states that prior to approving an application for a Variance, the Review Authority shall find that all of the following are true: 1. Because of the special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this regulation deprives the property of the privileges enjoyed by other property in the vicinity and under identical zoning classifications. The applicant states that "the property is U-shaped and located in the middle of other residential lots. Dividing this property into two lots will create rectangular lots and allow one additional single-family home on land that is not conducive to farming given it is surrounded by single-family homes." • This Finding cannot be made because the property does not have any special circumstances applicable to it. An "L" shape is not unusual, the land is flat, and the location is in an area of similar sized lots (and many larger size lots). Therefore, the Variance request is not related to the size, shape, topography, location, or surroundings of the parcel. The property has not been deprived of a privilege enjoyed by other property in the vicinity under the identical zoning classification. 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. The applicant states that "the region has been subdivided into small lots. This subdivision would be similar to others in the immediate region." • This Finding cannot be made because granting this Variance will constitute a grant of special privileges. There are no Development Title exceptions for parcels in the AG-40 zone that permit the subdivision of a 2.99-acre parcel. There are no limitations upon this property that are not also on neighboring properties. There are several parcels in the vicinity of the project that are similar size or smaller, however these parcels were created consistent with the General Plan, zoning, and code requirements that were in effect at the time. 3. The Variance will not authorize a use or activity which is otherwise expressly authorized by the regulations governing the parcel of property. The applicant states that "upon subdivision, the rules and regulations in the area would not change." • 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 for subdivisions. Residential and agricultural uses are permitted in the AIG (General Agriculture) General Plan designation and in the 2