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owners within the same vicinity and with the same zoning classification are not able to <br /> construct fences of this nature under the standards and regulations of the Development Title. <br /> A fence exceeding seven (7) feet in height has been determined to be a structure, requiring <br /> structure setbacks and a building permit. As a result, the proposed fence is subject to <br /> Development Title Table 9-610.2, which requires structures to be setback a minimum of 30 <br /> feet from the street right-of-way. <br /> Finding No. 2: No Special Privileges <br /> The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations <br /> upon other properties in the vicinity and zone in which the property is situated. <br /> Applicant's Statement: <br /> "The Applicant's fence is not different in size or placement from many of the other fences that are currently <br /> existing in the adjacent agricultural community. As such, the granting of the variance will not constitute a <br /> grant of special privilege as the use is consistent with many of the other residential fences in the area." <br /> • This finding cannot be made because granting this Variance will constitute a grant of special <br /> privileges inconsistent with the limitation upon other properties in the vicinity and zone in <br /> which the property is situated.There are no limitations upon this property that are not also on <br /> neighboring properties. A survey of the vicinity found that similar fences were permitted <br /> pursuant to applicable Development Title and Building Code regulations. <br /> Finding No. 3: Use Authorized <br /> The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation <br /> governing the parcel of property. <br /> Applicant's Statement <br /> "The Variance Application is for the approval of the existing fence only and would not authorize a use or <br /> activity which is not otherwise expressly authorized by the regulation(s) governing this parcel of property". <br /> • This finding can be supported because the Variance application does not authorize a use that <br /> is not otherwise expressly authorized by the General Plan or Development Title. The <br /> construction of a solid fence is a permitted use in the Development Title in the AG-40(General <br /> Agriculture, 40-acre minimum) zone, subject to the required minimum front setback of thirty <br /> (30)feet pursuant to Development Title Table 9-610.2. <br /> San Joaquin County PA-1900044/Panella <br /> Community Development Page 5 <br />