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Memo to the Mayor and City CouncilN 99-17 <br />January 6, 2000 <br />Page 2 <br /> <br />suggested that the monument sign be relocated to the Highway 169 frontage. The <br />applicant agreed to relocate the monument sign from Freeport Street to the Highway <br />169 frontage. <br /> <br />Since 1998, the applicant has attempted to relocated the monument sign to the 169 <br />frontage, however, has been unable to due to a large utility easement and water main <br />that is adjacent to the rear of the property and parallels 169. <br /> <br />Analysis <br /> <br />Prior to the granting of a variance, the City Council-must determine that the following <br />five conditions are met: <br /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <br /> <br />The hardship is caused by special conditions and circumstances, which are peculiar <br />to the property and the structure involved and which are not characteristic of, or <br />applicable to, other lands or structure in the same area. <br /> <br />The literal application of the provisions of this ordinance would deprive the petitioner <br />of rights enjoyed by other properties in the same district under the terms of this <br />ordinance. <br /> <br />4. The special conditions and circumstances are not a consequence of the petitioner's <br /> own action or inaction. <br /> <br />o <br /> <br />The variance will not be injurious to or adversely affect the health, safety or welfare <br />of the residents of the city or the neighborhood where the property is located and <br />will be in keeping with spirit and intent of the ordinance. <br /> <br />Literal Enforcement <br /> <br />Literal enforcement of the ordinance would prevent a fourth sign from being placed on <br />the building. However, there are signs on two other sides of the structure, one of which <br />could be located to the desired location. In this instance, the applicant has claimed a <br />predominantly economic hardship as the reason for the request. <br /> <br />Special Conditions <br /> <br />Staff concurs that it is difficult at best to see the building, however, many of the <br />obstructions to visibility were in place at the time the building was constructed. For <br />example, the pine trees along 169. There is a very small "window" of opportunity for <br />southbound traffic on 169 to see the building and the proposed sign location (a banner <br />is currently displayed in the location of the proposed sign). The construction of the <br /> <br /> <br />