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Analysis Background The site contains a primary residence, a second-unit-dwelling, and several agricultural buildings on an 18- acre parcel. The applicants inherited the property from their father. They would like to keep the property in the family but have separate ownership of the two residences. Policy Considerations For a Variance application to be approved, three Findings for a Variance (included in the staff report) must be made in the affirmative. Findings No. 1 and 2 cannot be made in the affirmative. The applicants submitted findings for approval of the application. Finding No. 1 requires special circumstances that deprive the property of privileges enjoyed by other properties in the vicinity. In support of this Finding, the applicant states, "because of the size and shape of the property and the project area, the requested variance best meets the needs of the property owners and of the General Plan. The project is not inconsistent with other properties in the area." There is no mention of special circumstances applicable to the property. The parcel is flat, viable agricultural land that is indistinguishable from surrounding properties. Therefore, Finding No. 1 cannot be made in the affirmative. Finding No. 2 does not permit granting special privileges that are inconsistent with the limitations on other properties and the zone in which the property is located. In support of Finding No. 2, the applicant states, "the granting of this variance will not affect or change any of the current land in the project area. The project area is non-irrigatable and not within the agricultural area of the property. Furthermore, by splitting this Property with a variance as proposed, the number of potential homesites will be further limited and retention of the farmable land is assured." The granting of this variance would potentially allow separate ownership of the primary dwelling and the second unit dwelling. Permitting one property to vary the limitations of the AL-10 zone, while all other Properties in the vicinity must abide by these same limitations, constitutes special privileges. The effect of this application is to rezone the property through the Variance process. Therefore, Finding No. 2 cannot be made because granting the Variance will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Finding No. 3 concerns authorizing a use that is not permitted in the zone. Because the Variance is for parcel size only, this finding can be made. 2.� San Joaquin County Community Development PA-03-40111nman & Silva Page 3