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Amended Exhibit "A" (5/24/04) PA - 04001 9 2 Variance PA-0400192 Robert and Judy Kent Finding One: Special Circumstances Because of the special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification. The variance should be granted because of the following special circumstances applicable to the property • The property's special circumstances involve the stripping of up to three feet of topsoil that was distributed on neighboring parcels to the south. This significantly prohibits productive farming, (see attached letter). The strict application of the zoning regulation deprives the property of privileges enjoyed by other properties under identical zoning classification that have not been stripped and are able to be commercially farmed. • Current county provisions allow for land division in the AG 40 zone. Under these provisions the parcel must be 40-acre minimum. The strict application of the zoning regulation deprives the sub 40-acre parcel of privileges enjoyed by other AG 40 parcels adjacent to the property and in the surrounding area. • Denying the variance will create an additional hardship to the property owners. The property owners depend upon there daughter and son-in-law, an R.N., for physical care as well as care of the property. Owner has Parkinson's disease that severely limits ability to care for property, and also necessitates continued progressive physical care. • The property has been in the family for over 16 years and is the owner's retirement home site. The property is used solely as residence with no farming. Granting of the variance will not reduce farming land. Finding Two: No Special Privileges 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 granting of the variance will not constitute a grant of special privilege, as the use is consistent with other uses in the area. • Due to its unique characteristics, the subject property would enjoy no more than the privileges already enjoyed by properties in the vicinity of the subject property. There already exists seven, 2 to 5 acre parcels that are below their zone minimum. • Allowing the variance for the property to create two parcels, as compared to the area exceptions requiring the zoning minimum does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. The property is already below the zone minimum, and there are no conflicts with surrounding agricultural uses. Finding Three: Use Authorized The variance will not authorize a use or activity that is not otherwise expressly authorized by the zone regulation governing the parcel of property. • Proposed variance is for second residence, and this area is residential allowable I