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jMAMCK <br /> & ASSOCIATES, INC. <br /> JCWogn.,Engin.nr g=t ")222-7646 <br /> FINDINGS - Variance Application <br /> 9/18/12015 <br /> Doug Wagner, PE <br /> dougw@JCWagnerEngineering.com <br /> The following are findings of fact regarding the proposed project at 4445 E Cluashnick Rd: <br /> ?) Because of the special circumstances applicable to the property, including size, shape, topography, <br /> location or surroundings, the strict application of the zoning regulations deprives the property of <br /> privileges enjoyed by other properties in the vicinity and under identical zoning classification. <br /> The residential structure in question is not utilized as such by the property owner. The structure predates <br /> the establishment of the church on the property, but as a residence is inconsistent with the commercial <br /> nature of the property. Utilizing the structure for community use as a fellowship hall is compatible with the <br /> commercial, neighborhood religious assembly use of the property. That new use is not established by the <br /> Variance but may be established with a Site Approval to follow. The adjacent residential property would <br /> not be adversely impacted by this use. Due to existing structures, parking requirements, setbacks, and <br /> sewage system, there is no feasible alternative location on the property to construct a new conforming <br /> structure. <br /> 2) The granting of the Variance will not constitute a grant of special privileges inconsistent with the <br /> limitations upon other properties in the vicinity and zone in which the property is situated. <br /> Accessory gathering spaces are integral to the function of properties used for neighborhood religious <br /> assembly. The Variance will empower this property owner to utilize an existing structure for a use <br /> consistent with other properties hosting religious assembly uses. The existing structure will not be <br /> expanded under the proposed Variance or following Site Approval. <br /> 3) The Variance will not authorize a use or activity which is not otherwise expressly authorized by the <br /> zone regulation governing the parcel of property. <br /> The property is already authorized under current Community Commercial zoning and previous Site <br /> Approval for Neighborhood Religious Assembly. Enabling the utilization of the existing structure for <br /> activity supporting this use does not authorize use of the property to any use not already approved. The <br /> proposed use of the structure as a Fellowship Hall under a subsequent Site Approval is essentially <br /> accessory in nature, as it supports the activity of the congregation without incurring additional users. Nor <br /> does it enable the congregation to expand to exceed the Neighborhood Religious Assembly use. <br /> Thank you, <br /> Doug Wagner, PE <br /> 209-406-2344 <br /> JOWconer 8 Associates,Inc..l 2132 N EI Dorado St,Stockton,CA 95204 <br />