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Item No. 1 PC: 10-21-93 VR-93-3 Page 1 RECOMMENDATION It is recommended that the Planning Commission: 1. Approve the Negative Declaration; and 2. Approve Variance Application No. VR-93-3 because Findings No. 1, 2, 3, and 5 can be made. FINDINGS 1. There is good and sufficient cause for the Flood Variance. • This finding can be made because the property owner will be given a privilege that nearby property owners in the vicinity already enjoy. 2. Failure to grant the Flood Variance would result in exceptional hardship to the applicant. • This finding can be made because removal of the gazebo will result in the loss of an outstanding feature of the property. 3. The Flood Variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. • This finding can be made because the gazebo will not reduce channel capacity or cumulatively increase the flood elevation of the 100-year flood. In addition, public safety will not be endangered because this is not a habitable structure. 4. The Flood Variance is the minimum necessary, considering the flood hazard, to afford relief. • This finding can be made because the floor of the gazebo cannot realistically be raised, nor can the gazebo be relocated. 5. Granting the Flood Variance will not constitute a grant of special privileges inconsistent with the limitations on similarly situated properties subject to the County's flood regulations. • This finding can be made because nearby property owners have similar type facilities already located along the banks of the Mokelumne River.