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5. The use is compatible with adjoining land uses. <br /> • This finding can be made because the proposed use will not interfere with or alter <br /> the pOrrent uses on adjacent properties. Additionally, an 8-foot-high solid cedar <br /> plank, fence will be required as a Condition of Approval and screen adjacent <br /> properties and residences to the west from the proposed project area. (Development <br /> Title Section 9-1022.6) <br /> Findings (Deviation]: <br /> a <br /> r <br /> The granting of the Deviation will not be materially detrimental to other properties or land uses in the area. <br /> This finding can be-made because the proposed patio cover is to cover an existing outdoor eating <br /> area, and screen ing"adjoining residential uses is required for commercial and industrial projects. <br /> Additionally, granting a deviation for the proposed fence and patio cover will not be materially <br /> detrimental to other properties or set a significant land use precedent because the bar and <br /> restaurant will continue to operate and the property will remain commercial. No outdoor <br /> entertainment is being proposed under the patio cover,and as a condition of approval,the <br /> applicant has agreed to no outdoor entertainment. <br /> There are exceptional circumstances or conditions applicable to the property or to the intended uses that <br /> do not apply to other`"-'properties in the same zoning district in the vicinity. <br /> This finding can benade because the existing bar and restaurant are commercial uses over 100 <br /> years old and clustered around the Grant Line Rail Road crossing in the Banta Community. Lots <br /> in the original town`site were typically developed on 1,000 to 3,000 square feet and under current <br /> ordinance requirements do not meet the minimum lot width and sizes requirement.for C-RS (Rural <br /> Service Commercial). <br /> The strict application4pf the regulation deprives the property of privileges enjoyed by other properties in <br /> the vicinity. <br /> This finding can be`made because many of the existing lots in the project vicinity are developed <br /> commercially under the original conditions and restrictions as adopted by the Official Map of <br /> Banta in 1873. Granting the deviation is needed so that the property owner can enjoy the same <br /> privileges that other:property owners in the vicinity enjoy. <br /> The granting of the q§viation is consistent with the General Plan. <br /> 7 <br /> This finding can be,made because the Deviation does not result in an increase in 6e General Plan <br /> density for Rural Service Commercial properties. In addition the Deviation is consistent with the <br /> Objectives and Polities for Rural Service Commercial contained in Volume I of the General Plan <br /> (Community Organization and Development Pattern, Volume 1, IV-24). <br /> San Joaquin County,: PA-0800289IPA-0800291\Banta Inn Properties <br /> Community Development = Page 7 <br />