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• This finding can be made because the strict application of the Development Title <br /> Section 9-1150.15 (d) deprives the property of privileges enjoyed by other properties <br /> in the vicinity and under the identical zoning classification. Although this property <br /> and properties in the vicinity are zoned AG-40, there are thirty (30) PG&E power <br /> poles located on the property that would have to be relocated so that the roadway <br /> could be widened the fifty (50) feet required to meet the rural residential road <br /> standards. The other property owners do not have thirty (30) power poles located on <br /> their properties and would be able to meet this Development Title requirement in <br /> similar circumstances. <br /> Finding Two: No Special Privileges <br /> The granting of the Variance will not constitute a grant of special privileges <br /> inconsistent with the limitations upon other properties in the vicinity and zone in <br /> which the property is situated. <br /> Applicant's Statement: <br /> a. "Due to its unique characteristics with thirty (30) PG&E power poles on the <br /> property, which are adjacent to the roadway, the requested relief from the <br /> requirement to widen the roadway from the existing thirty (30) feet easement <br /> roadway to fifty (50) feet rural residential roadway required by the strict <br /> application of Dev. Tit.§ 9-1150.15 (d) will not constitute a grant of special <br /> privileges inconsistent with the limitations upon other properties in the vicinity and <br /> zone in which the property is situated because the other properties in the area do <br /> not have the equivalent burden of the thirty (30) power poles and would each be <br /> able to widen the roadway if required to under similar application." <br /> • This finding can be made because granting this Variance will not constitute a grant of <br /> special privileges. The zone minimum for the creation of new lots is forty (40) acres. <br /> If the Variance application is approved, the applicant is intending to propose <br /> subdividing the property into six lots with a minimum lot size of 40 acres. There are <br /> limitations upon this property that are not also on the properties in the vicinity and <br /> zone because of the location of the thirty (30) power poles which would make it more <br /> burdensome to meet the Development Title Section 9-1150.15 (d) requirement to <br /> improved the roadway to San Joaquin County Improvement standards for public <br /> roads. <br /> Finding Three: Use Authorized <br /> The Variance will not authorize a use or activity which is not otherwise expressly <br /> authorized by the regulation governing the parcel of property. <br /> Applicant's Statement: <br /> "The Variance Application is for relief from the Application of Dev. § 9-1150.15(d) <br /> regarding a fifty (50) foot rural residential roadway and would not authorize a use or <br /> activity which is not otherwise expressly authorized by the regulation(s) governing this <br /> parcel of property." <br /> • This finding can be made because the Variance application does not authorize a use <br /> that is not otherwise expressly authorized in the AG-40 zone. If approved, the <br /> 3 <br />