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Recommendations <br /> Action <br /> It is recommended that the Planning Commission: <br /> 1. Approve the Negative Declaration and <br /> 2. Deny Variance Application No. VR-01-1 due to the inability to make Findings 1 and 2 contained <br /> in the staff report. <br /> Findings <br /> 1. Because of special circumstances applicable to the property, including size, shape, topography, <br /> location, or surroundings, the application of the regulation deprives the property of privileges enjoyed <br /> by other properties in the vicinity and under identical zoning classification. <br /> • This finding cannot be made because, although there is residential development to the <br /> north of the property,there is no documentation that there are special circumstancis <br /> specific to this property that have deprived the property of privileges enjoyed by other <br /> properties in the area -specifically, the ability to be used for agricultural purposes. <br /> 2. The granting of this Variance will not constitute a grant of special privilege inconsistent with the <br /> limitations on other properties in the vicinity and zone in which the property is situated. <br /> • This finding cannot be made because the property is zoned AG-40 (Agricultural with a 40- <br /> acre minimum parcel size). All parcels zoned AG-40 must abide by the same fencing <br /> requirements -specifically, a 30-foot setback from the ultimate right-of—way line for all <br /> solid fences over three feet in height. Approval of this Variance would grant special <br /> privileges inconsistent with the limitations imposed on all other properties in the zone <br /> because the applicant is requesting a setback of 20 feet for the masonry wall when all <br /> parcels in the zone must have a 30-foot setback for solid fencing over three feet in height. <br /> 3. The Variance will not authorize a use or activity which is not otherwise expressly authorized by the <br /> regulation governing the parcel of property. <br /> This finding can be made because fencing is an allowed use in the AG-40 zone. A <br /> masonry wall would be allowed provided it met the setback criteria. <br /> San Joaquin County VR-01-1\Long <br /> Community Development Page 4 <br />