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Analysis Background The parcel currently contains a residence and a detached garage. Policy Considerations For a Variance application to be approved, three Findings for a Variance must be made in the affirmative. The applicant submitted findings for approval of the application. Findings No. 1 and 2 cannot be made in the affirmative. 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 regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Applicant's Statement: "The variance should be granted because of the following special circumstances applicable to the property: v Denying the variance will create an additional hardship to the property owners. The property owners depend upon daughter and son in law 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. Current second unit dwelling provisions in this county do not allow for financing other than by the land titleholder. This places the owner at an increased financial risk by placing both residences under one loan. If loan were defaulted on, owner would lose home." • This finding cannot be made because the property does not have any special circumstances applicable to it that deprives it of privileges enjoyed by other properties in the vicinity and under identical zoning classification. The parcel is flat agricultural land of sufficient size and shape that is similar to surrounding properties. 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. Applicant's Statement: "The granting of the variance will not constitute a grant of special privilege as the use is consistent with other uses in the area. San Joaquin County PA-04-192/Kent Community Development Page 3