Laserfiche WebLink
Recommendations <br /> Action <br /> It is recommended that the Planning Commission deny the Variance because of the inability to make <br /> Findings 1 and 2 contained in the staff report. <br /> Findings <br /> 1. Because of the special circumstances applicable to the property, including size, shape, topography, <br /> location, or surroundings, the strict application of the regulation deprives the property of privileges <br /> enjoyed by other property in the vicinity and under identical zoning classification. <br /> • This finding cannot be made because the property does not have any special <br /> circumstances applicable to it. The parcel is flat agricultural land of sufficient size and <br /> shape to enjoy the same privileges as other property in the vicinity. <br /> 2. The granting of the Variance will not constitute a grant of special privileges inconsistent with the <br /> limitations upon other properties in the vicinity and zone in which the property is situated. <br /> • This finding cannot be made because granting this Variance will constitute a grant of <br /> special privileges. The zone minimum for the creation of new lots is forty (40) acres. <br /> There are no limitations upon this property that are not also on the properties in the <br /> vicinity and zone. This Variance request is inconsistent with the General Plan density <br /> requirement. <br /> 3. The Variance will not authorize a use or activity which is not otherwise expressly authorized by the <br /> regulation governing the parcel of property. <br /> • This finding can be made because the Variance application does not authorize a use that <br /> is not otherwise expressly authorized by the General Plan or Development Title. <br /> Residential and agricultural uses are permitted in the A/G (General Agriculture) General <br /> Plan designation and in the AG-40 zone. The parcel is currently used for residential <br /> purposes. <br /> San Joaquin County PA-04-192/Kent <br /> Community Development Page 5 <br />