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Applicant's Statement: a. "The Applicant previously applied for a Minor Subdivision (No. PA-0400488) to subdivide a 275 acre parcel into six (6) parcels ranging in size from 40 acres to 53.9 acres with a designated remainder. If the variance is granted, the Applicant will re-apply for a Minor Subdivision with a maximum of six (6) parcels. The property will remain as AG in the General Plan with AG-40 zoning. b. "The Property's unique location and surroundings include approximately thirty (30) PG&E high voltage power poles which serve the larger agricultural area. These thirty(30)power poles would have to be either relocated or placed underground to widen the road to the fifty(50) foot standard for a rural residential roadway. c. "The other properties in the area benefit from these thirty (30) power poles but they are not burdened by the power poles. As such, the strict application of the requirement for a fifty(50) foot ROW rural residential roadway deprives the Robinson property of privileges enjoyed by the other surrounding properties under identical zoning classification." • This finding can be made because the strict application of the Development Title Section 9-1150.15 (d) deprives the property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification. Although this property and properties in the vicinity are zoned AG-40, there are thirty (30) PG&E power poles located on the property that would have to be relocated so that the roadway could be widened the fifty (50) feet required to meet the rural residential road standards. The other property owners do not have thirty (30) power poles located on their properties and would be able to meet this Development Title requirement in similar circumstances. Finding Two: No Special Privileges 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. Applicant's Statement: a. "Due to its unique characteristics with thirty (30) PG&E power poles on the property, which are adjacent to the roadway, the requested relief from the requirement to widen the roadway from the existing thirty (30) feet easement roadway to fifty (50) feet rural residential roadway required by the strict application of Dev. Tit.§ 9-1150.15 (d) 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 because the other properties in the area do not have the equivalent burden of the thirty (30) power poles and would each be able to widen the roadway if required to under similar application." • This finding can be made because granting this Variance will not constitute a grant of special privileges. The zone minimum for the creation of new lots is forty (40) acres. If the Variance application is approved, the applicant can proceed with Minor Subdivision No. PA-0400488 to subdivide the property into six lots with a minimum lot size of 40 acres. There are limitations upon this property that are not also on the properties in the vicinity and zone because of the location of the thirty (30) power poles which would make it more burdensome to meet the Development Title Section 9-1150.15 (d) requirement to improved the roadway to San Joaquin County Improvement standards for public roads. San Joaquin County PA-0600208/Robinson Community Development Page 4