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APPLICATION - DEVIATION SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT FILE NUMBER: DV - FINDINGS The following findings of fact must be made by the County before a Deviation can be granted. Indicate what facts in the case of this application support each of the findings. 1. The granting of the Deviation will not be materially detrimental to other properties or land uses in the area. This finding can be made because the granting of the Deviation application will not be detrimental to other properties or land uses in the area. The use of the property will remain Agriculture and Agriculture is a permitted use in the AG -40 zone. Also single family residences are an allowed use in the AG -40 zone. The Change in required side yard setback from 10 feet to 6 feet will not change the look or character of the neighborhood or prevent the surrounding property owners from enjoying the full use of their property. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended uses that do not apply to other properties in the same zoning district in the vicinity. This finding can be made because the existing improvements on this property were built in the early 1930's prior to adoption of the general plan and zoning ordinances. In addition, the property owner to the north has a shop building that is 16 feet north, leaving only 16 feet between structures owned by different ownerships. Due to the location of existing structures the applicant would not be able to adjust the common property line and meet minimal setback requirements in the AG -40 zone. 3. The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity. This findings can be made because the strict application deprives the property owner from adjusting the property line between the two existing structures. Development Title Section 9-824.2(a)(2) allows up to a forty percent reduction of the required side yard setback without a public hearing, and this Deviation request meets the requirements. 4. The granting of the Deviation is consistent with the General Plan. This findings can be made because the deviation does not result in an increase in the General Plan density for the Agricultural Zone not does it change any intended use permitted in the Zone. AUTHORIZATION SIGNATURES ONLY THE OWNER OF THE PROPERTY OR AN AUTHORIZED AGENT MAY FILE AN APPLICATION. I, the Owner/Agent agree, to defend, indemnify, and hold harmless the County and its agents, officers and employees from any claim, action or proceeding against the County arising from the Owner/Agent's project. I, further, certify under penalty of perjury that I am (check one): ® Legal property owner (owner includes partner, trustee, trustor, or corporate officer) of the property(s) involved in this application, or ❑ Legal agent (attach proof of the owner's consent to the application of the property's involved in this application and have been authorized to file on their behalf., and that the foregoing application statements are true and correct. Dale A. Van Groningen & Patricia J. Van Groningen, Trustees of the D&P Van Groningen Family Trust Print Name: Dale A. Van Groninaen Trustee Signature.' ,i — Date: 1-2-4.g Print Name: Patricia J. Van Groningen, Trustee SignaturesDate: Print Name: Signature: Date: Print Name: Signature: Date: Print Name: Signature: Date: F:0EVSVc\Planning Application Forms0eviation.doc. (Revised 5-11-09) Page 3 of 3 2018-117 Deviation