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Department cannot make this Finding. <br /> • Finding 2 states, "The granting of the Variance will not constitute a grant of special privilege <br /> inconsistent with the limitations on other properties in the vicinity and zone in which the property is <br /> situated." <br /> In support of this Finding, the applicant states that no special privileges would be granted because many <br /> of the parcels in the vicinity have the privilege of smaller home sites. <br /> Granting this Variance would be granting special privileges inconsistent with the limitations on other <br /> properties in the vicinity. The AG-40 zone does not permit the creation of a parcel less than 40 acre_s in <br /> size and 330 feet in width. This limitation applies to all property in the AG-40 zone. Permitting one <br /> property to vary the limitations, while all other properties in the vicinity must abide by these same <br /> limitations, constitutes special privileges. The Community Development Department cannot make this <br /> Finding. <br /> The applicant refers to several parcels in the vicinity that are below the required 40-acre minimum. The , <br /> size of these parcels is irrelevant. Many of these parcels were established before 1961, when no County f <br /> subdivision ordinance existed. Many more of these parcels were lawfully created prior to 1980, when the <br /> zoning permitted 5-acre parcels. Those parcels created after 1980 were done so lawfully under the <br /> previous Development Title, which permitted 1-to 3-acre home sites on parcel over 20 acres. Others <br /> were created through Lot Line Adjustments. All of the parcels in the vicinity of the subject parcel <br /> reviewed by the Community Development were created in accordance with County development <br /> standards. <br /> Finding 3 states, "The Variance will not authorize a use or activity which is not otherwise expressly <br /> i <br /> authorized by the regulation governing the parcel of property." <br /> Staff can make this Finding. The parcels will be used for single-family residences. A single-family, <br /> residence is a permitted use in the AG-40 zone. <br /> e <br /> I <br /> t <br /> h <br /> f <br /> San Joaquin County VR-99-61McAtee 5 <br /> Community Development Page 4 <br />