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Recommendations Action It is recommended that the Planning Commission: 1. Deny Variance Application No. PA-1900044 based on the inability to make Findings Number 1 and 2 contained in the staff report. Findings 1. 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. • This finding cannot be made because the property has no special circumstances. The applicant's proposed finding is not related to the size, shape, topography, location, or surroundings of the parcel. The property has not been denied a privilege enjoyed by other property in the vicinity and under identical zoning classifications; surrounding property owners within the same vicinity and with the same zoning classification are not able to construct fences of this nature under the standards and regulations of the Development Title. A fence exceeding seven (7) feet in height has been determined to be a structure, requiring structure setbacks and a building permit. As a result, the proposed fence is subject to Development Title Section 9-610.5,which requires structures to be setback a minimum of 30 feet from the street right-of-way. 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. • This finding cannot be made because granting this Variance will constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated.There are no limitations upon this property that are not also on neighboring properties. A survey of the vicinity found that similar fences were permitted pursuant to applicable Development Title and Building Code regulations. 3. The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. • This finding can be supported because the Variance application does not authorize a use that is not otherwise expressly authorized by the General Plan or Development Title. The construction of a solid fence is a permitted use in the Development Title in the AG-40(General Agriculture, 40-acre minimum) zone, subject to the required minimum front setback of thirty (30)feet pursuant to Development Title Section 9-610.5. San Joaquin County PA-1900044/Panella Community Development Page 6