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R G 6,000 square feet and the minimum lot width is 60 feet (Development Title Table 9-310.3). All new parcels in this zone must abide by the same restrictions and limitations. There are existing single family residences to the north and south of the project site. The parcels to the north are zoned R-M. The parcels to the south are zoned R-L (Low Density Residential). The adjacent parcels must abide by the setback requirements. Permitting one property to vary the limitations, while all other properties in the vicinity under identical zone classification must abide by these same limitations, constitutes special privileges. Finding Three: Use Authorized The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. Applicant's Statement: "This finding can be made because the Variance application is for adjustments to specific development title provisions and will not authorize a use or activity which is not otherwise authorized by the regulation governing the 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 uses are permitted in the RIM (Medium Density Residential) General Plan designation and in the R-M (Medium Density Residential) zone. The parcel is currently used for condominium units. Maior Subdivision If the Variance application is approved, the applicant will need to submit a Major Subdivision application to the Community Development Department to subdivide the property. Development Title Table 9-315.3 fists the General Plan Density for the RIM designation as six (6) to ten (10) dwellings units per gross acres, which would permit up to 29 dwelling units for this project (2.91 gross acres x 10 dwelling units= 29 units). If the Variance application is approved, the Major Subdivision application would propose twenty-three parcels, which will result in a maximum General Plan density of eight (8) dwelling units per gross acre, which is consistent with General Plan Density requirements. This application is tentatively scheduled to be heard by the Planning Commission on March 18, 2010. The Community Development Department has reviewed the proposed Variance application and will be recommending that the Planning Commission deny the application based on the inability to make all required Findings in the affirmative. MH:vb PA-1000006(V R)MH DCO2242010 Attachments C: Plymouth Oaks LLC Michael Hakeem Esq. 3