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FINDINGS FOR VARIANCE Finding 1: 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. • This finding cannot be made because the subject parcel has no special circumstances which would deprive it of privileges enjoyed by other property in the vicinity and under identical zoning classification. The applicant's proposed finding that the parcels surrounding the subject parcel are similar or smaller in size does not constitute a finding of deprivation. The surrounding parcels that are below 40- acres in size are non-conforming parcels in the AG-40 zone, created under the requirements at the time of subdivision. Finding 2: 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. • This finding cannot be made because granting this Variance will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Parcels in the vicinity of the project site that are below the forty(40)acre minimum were created consistent with the General Plan, zoning, and code requirements that were in effect at the time of creation. Surrounding property owners within the vicinity and with the same zoning classification are not permitted to subdivide parcels to less than the 40-acre minimum unless a specific Development Title exception applies. The exceptions to meeting the zone minimum include subdividing properties to create homesite parcels, homesite parcels for financing purposes, parcels for certain specified uses, parcels for dwellings on the same lot, or parcels based on lot size averaging. The subject parcel does not meet the requirements for any of these exceptions. Finding 3: Use Authorized 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 made because the Variance application does not authorize a use that is not otherwise expressly authorized by the General Plan or Development Title. The underlying subdivision, which would be required if the Variance application is approved, would permit the applicant to continue farming of the parcel without the responsibility of maintaining a second residence. Crop production is a permitted use in the Development Title in the AG-40 (General Agriculture, 40-acre minimum)zone. Planning Commission Staff Report, Item # 1 01/16/2020 — PA-1900247 (VR) 3 Findings