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Subdivision application due to the inability to obtain the necessary right-of-way from other property owners. In December 2005, the applicant applied for a Development Title Text Amendment 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 is on hold pending the outcome of the Variance application. Planning Commission The Variance application is scheduled to be heard by the Planning Commission on June 15, 2006. The Community Development Department has reviewed the proposed Variance application and will be recommending that the Planning Commission approve the application based on the ability to make all three findings in the affirmative. FINDINGS FOR VARIANCE Development Title Section 9-827 states that prior to approving an application for a Variance, the Review Authority shall find that all of the following are true: 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. 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. L 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." 2