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f n 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: i Finding 1. 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. } This finding cannot be made because the property has no special circumstances that deprive the property owner of the privileges enjoyed by other property in the vicinity and under identical zoning classifications. This is a typical, agricultural parcel. The parcel is considered a conforming parcel in the AG-40 zone. Neither the size, shape, topography, location, nor surroundings deprives the property of privileges enjoyed by other property in the vicinity and under the identical zoning classification as the parcel is flat, roughly rectangular shaped with an existing homesite parcel, and is surrounded by similar agricultural uses. The underlying application is a Lot Line Adjustment that would enable the property owner to sell a portion of the land to the adjacent property owner. Finding 2. The granting of the Variance will not constitute a grant of special privileges F inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. I This finding cannot be made because the granting of the Variance will constitute a grant of special privileges inconsistent with the limitations upon other properties in I the vicinity and zone in which the property is situated. Surrounding property € owners are not able to divide their parcels smaller than 40 acres, with the exception of homesite parcels and homesite parcels for financing purposes. A homesite parcel already exists. There can only be one homesite parcel created from an existing parcel since July 29, 1992 (Development Title Section 9-610.3). Finding 3. The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. This finding can be made because there would be no change to the permitted uses. The current uses are agricultural. If the Variance is granted, the parcel can still maintain its agricultural use. f Opposition I The Farm Bureau and the City of Lathrop sent letters of opposition expressing concerns regarding the transition from one conforming lot to two nonconforming lots. Additionally, the City of Lathrop believes the Variance would grant a special privilege inconsistent with the limitations upon other properties in and zone and may the vicinity Y affect the future viability of urban development as the project site is expected to be annexed in the future. Currently, the project site is in the Sphere of Influence for the City of Lathrop. The application is scheduled to be heard by the Planning Commission on March 20, 2008. I 2.