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Analysis Background In August 2004, the applicant applied for Minor Subdivision No. PA-0400488 to subdivide a 275-acre parcel into six parcels ranging in size from 40 acres to 53.9 acres. The Department of Public Works' recommended condition number four states that: The unnamed access road shall be named in accordance with the County standards and shall be constructed in conformance with the standards for a fifty (50) foot right-of-way rural residential street. Development Title Section 9-1150.15(d)states that a maximum of six (6) existing and/or potential lots may be served by the private right-of-way or the private right-of-way shall be improved to San Joaquin County Improvement Standards for public roads. The 251-acre parcel to the east is also accessed from the same private road and could be subdivided into 6 parcels. Therefore, the Department of Public Works determined that although the applicant's project consisted of only 6 lots, the potential existed for more than 6 lots to be served by the private road in the future. Because of this, the applicant has not been able to proceed with the Minor Subdivision application due to the inability to obtain the necessary right-of-way from other property owners. In December 2005, the applicant applied for Development Title Text Amendment Application No. PA- 0500846 in an effort to facilitate a change in Development Title that would allow his Minor Subdivision application to be approved. The Planning Commission heard the Text Amendment application on February 2, 2006 and voted to forward the Text Amendment to the Board of Supervisors with a recommendation of approval. At the March 14, 2006 Board of Supervisors meeting, the Text Amendment was continued to the June 13, 2006 meeting. The applicant then filed this Variance application on April 6, 2006. The Text Amendment application will be withdrawn if this Variance application is approved by the Planning Commission. Policy Considerations For a Variance application to be approved, three findings must be made in the affirmative (Development Title Section 9-827.5). The applicant submitted the following Findings for a Variance with the application materials. The Community Development Department has reviewed the proposed findings and concurs with them. Finding One: Special Circumstances 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. San Joaquin County PA-0600208/Robinson Community Development Page 3