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POLICY CONSIDERATIONS: The intent of the Development Title's Variance provisions is to provide a means for an applicant to request to alter requirements of the Title "in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties in the vicinity and under identical zoning because of special circumstances applicable to the property involved.' To ensure that this intent is met, three findings must be made. Staff has determined that all required findings can be made. Recommendations Action It is recommended that the Planning Commission approve Variance Application No. VR-96-1 with the findings 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 can be made because the site is located next to the freeway and needs to be tall and larger in area to be more visible for directing the public to the facility. The sign needs to be raised from 32 to 38 feet because the freeway is elevated relative to the sign location. This is the only sign proposed for this 6-acre facility. 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 can be made because the proposed sign is consistent with the proposed Text Amendment. Other properties in the vicinity under the same zone will be able to erect similar signs if the proposed Text Amendment is approved. 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 made because Section 9-1710.4(a)(6)(A) provides that one freestanding sign shall be permitted per lot in Industrial zones. Also, the approved truck sales, service, and parts facility may be conditionally permitted in the I-G zone with an approved Site Approval application. The Community Development Department approved Site Approval SA-94-45 for the trucking facility on January 19, 1995. San Joaquin County VR-96-1/Howard Community Development Page 6