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Finding 1 : 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: " The property is in a unique location and surrounded by multiple parcels inconsistent with the AG4O zone . In fact, on the entire Assessor's Page for this parcel, there is only one parcel in compliance . In other words, 97 % of the parcels are currently less than zone minimum . To further add to the uniqueness, the "mother" parcel of the existing parcel was initially just under 40 acres and the current parcel was reduced in size from the larger parcel because a county road bisected the mother parcel. " • This finding cannot be made because the subject parcel has no special circumstances which would deprive it of privileges enjoyed by other property in the vicinity and under identical zoning classification . The applicant ' s proposed finding that the parcels surrounding the subject parcel are similar or smaller in size does not constitute a finding of deprivation . The surrounding parcels that are below 40 acres in size are non - conforming parcels in the AG -40 zone that were created prior to the current Development Title provisions . Finding 2 : No Detriment The Variance will not be detrimental or injurious to property or improvements in the vicinity of the subject property , or the public health , safety or general welfare . No Applicant statement provided. • This finding can be made because the site currently has one single -family residence , a detached garage , two sheds , and is utilized for crop production . The applicant is not proposing to construct any new structures . Therefore , the creation of the two lots will not be injurious to property or improvements in the vicinity of the subject property or the public health , safety , or general welfare . Finding 3 : 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. " Granting of a Variance would not create a "fish out of water' parcel. Rather it would allow a parcel consistent with 97 % of the properties in the immediate vicinity. Secondly, the Planning Commission has previously approved Variances for factual situations similar to this (PA - 1400007 and PA - 1800216) . " This finding cannot be made because granting this Variance will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated . Parcels in the vicinity of the project site that are below the 40 . acre minimum were created consistent with the General Plan , zoning , and code requirements that were in effect at that time . Surrounding property owners within the vicinity and with the PA - 2300018 ( VR ) 3 - 24 - 2023 DC Memo 2