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Analysis The applicant is requesting a Variance to.reduce the minimum parcel size in an AG-40 zone from 40 acres to 1.8 acres and reduce the minimum lot width from 330 feet to 242 feet to permit a subsequent Minor Subdivision application. The project site has two single-family dwellings;the second dwelling was approved as part of a Second-Unit Dwelling application(SD-87-08)on April 16, 1987. Policy Considerations The applicant submitted findings for approval with his application. The first finding requires special circumstances that deprive the property of privileges enjoyed by other properties in the vicinity. The applicant's first finding states:"Property is situated approximately500 feet from existing smaiier parcels of land(parcel numbers 243-180-15, 16, 17, 18). These smaller parcels clearly imply that actual land use lends to a 'ranchette'atmosphere. These smaller parcels range in size from.51 to 1.12 acres. Approval of this variance will provide the current owner the same privileges given to these smallerparcels owners." Division of Land Application DL-222 on June 11, 1963,created three of the four parcels mentioned by the applicant. In 1963, parcel size regulations permitted a one-acre minimum. The .51-acre parcel existed before 1961 and the County Subdivision Ordinance. There are no special circumstances related to Mr. Brown's land that deprives him of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Therefore,staff cannot make this finding. The second finding does not permit granting of special privileges that are inconsistent with the limitations on other properties and the zone in which the property is located. The applicant's second finding states: "Approval of this project will not create a special privilege as several other smaller parcels are within approximately 500 feet of the project's west boundary. Because this project does not request a zoning change, the creation of this parcel does not impact other property owners zoning, nor does it withdraw any current privileges given to these property owners. Project does not establish additional/new limitations on current parcels. Parcel size is similar in size to existing surrounding parcels." Parcels that were created pursuant to past regulations are not relevant to current zoning regulations and required findings. All parcels in this zone must abide by the same restrictions and limitations. Approval of this Variance vrould grant special privileges inconsistent with the limitations imposed on all other properties in the zone. The third finding speaks of authorizing a use that is not permitted in the zone. The Community Development Department can make this finding. Public Health Services The Environmental Health Division recommends denial of this application because the proposed Parcel 1 will be below the two-acre minimum required by the San Joaquin County Development Title. Opposition The Community Development Department has received a letter from the Farm Bureau in opposition to granting the Variance. The letterfrom the San Joaquin Farm Bureau Federation is attached to the staff report. San Joaquin County VR-00-2\Brown Community Development -14-