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SAN JOAQUIN COUNTY Q r COMMUNITY DEVELOPMENT DEPARTMENT \,,,._-..._ •«.PJ 1810 E.HAZELTON AVE.,STOCKTON,CA 95205-6232 4<iFoti�j PHONE:209/468-3121 FAX:209/468-3163 September 5, 2003 MEMORANDUM TO: Development Committee �! FROM: Rick Griffin, Assistant Planner lS SUBJECT: VARIANCE APPLICATION NO. PA-0300401 OF DOROTHY INMAN AND ROY SILVA (APN: 229-120-27) The applicant has submitted the above referenced Variance application to allow the subdivision of an 18.04-acre parcel in an AL-10 zone into a .88-acre parcel and a 17.16- acre remainder. The project is located at the northeast corner of Kelly Road and Steinegul Road, northeast of Escalon. The application is scheduled to be heard by the Planning Commission on October 2, 2003. In order to approve a Variance, the Planning Commission is required to make three required Findings. (Development Title Section 9-827) The Community Development Department has reviewed the proposed Variance application and will be recommending that it be denied based on the inability to make findings one and two in the affirmative. Findings for Variance 1. Because of the special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this regulation deprives the property of the privileges enjoyed by other property in the vicinity and under identical zoning classifications. (Development Title Section 9-827.5(a)) This finding cannot be made because the property does not have any special circumstances applicable to it. The parcel is flat agricultural land of sufficient size and shape to enjoy the same privileges as other property owners in the vicinity. 2. 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. (Development Title Section 9-827.5(b))