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aqu.rN SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT e ? 1610 E.HAZELTON AVE.,STOCKTON,CA 95205-6232 Fp'p'N�p PHONE:2091468-3121 FAX:2091468.3163 November 19, 1999 MEMORANDUM TO: Development Committee FROM Kai Luoma Associate Planner SUBJECT: DEVELOPMENT COMMITTEE MEETING FOR VARIANCE APPLICATION 'NO. VR-99-6 OF IRA E. AND J. MCATEE (CIO BONNIE MCATEE) -------------------------------------------------- The applicant has submitted the above referenced application to vary the minimum 40-acre parcel size and minimum 330-foot parcel width of the AG-40 zone. This Variance would permit a Minor Subdivision Application to be submitted to result in two 5-acre parcels with widths of 239 and 216 feet. The project is located on the west side of Davis Road, 2200 feet south of Armstrong Road, south of Lodi. The Community Development Department has reviewed the application and will be recommending that the Planning Commission deny the Variance. To support such a Variance, three Findings must be made. Staff is unable to make two of the three Findings. Finding No. 1 Finding 1 states, "Because of 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 properties in the vicinity and under identical zone classification." In support of this Finding, the applicant states that the subject property is deprived privileges enjoyed by others properties in the vicinity because sixteen of the nineteen parcels along Davis Road in the vicinity of the project site are less than 5 acres in size. The applicant also maintains that an additional eleven parcels along Armstrong Road are under the zone minimum. Though there are actually more than thirty parcels along this portion of Davis Road, the Community Development Department agrees with the applicant that the majority of the parcels are under the required parcel size. However, this is not relevant to Finding 1 in that it does not constitute special circumstances. There is nothing exceptional about the size, shape, topography, location, or surroundings of the parcel that represent special circumstances as contained in Finding 1. The Community Development Department cannot make this Finding.