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Analysis BACKGROUND: On May 26, 1976, the Planning Department approved Minor Subdivision No. PM-76-216 of J. E. Potter to create a homesite for a family member, Bill Potter (APN 243-220-46). Assessor records indicate that APN 243-220-46 is currently owned by William Potter. On March 4, 1985, the Planning Department approved Minor Subdivision No. MS-85-39 of the Potter Family Trust to create a homesite to finance a residence for John E. Potter's son, J. D. Potter (APN 243-220-49). Assessor records indicate that APN 243-200-49 is currently owned by Mark Orner. 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 Findings 1 and 2 regarding "Special Circumstances" and "No Special Privileges" cannot be met. Special Circumstances Finding No. 1 states: 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. The applicant cites the following special circumstances: • The area has several pre-existing residential parcels. • Someday soon, Austin Road will bisect this property. • The owners are not likely to sell the remainder within 10 years. • In the future, this property will be across from industrial property. Finding No. 1 cannot be made because none of the above circumstances are related to size, shape, topography, location, or surroundings. In addition, the reasons cited by the applicant do not deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The existing parcels were created pursuant to previous ordinances. There is no evidence to indicate that Austin Road will bisect this property. The homesite provisions of the title do not permit the sale of the homesite or the remainder for 10 years. Finally, although the Manteca General Plan shows the property to the west as industrial, both the County and the City's General Plans show this site as agriculture. San Joaquin County VR-94-2,/Potter Community Development -16-