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Memo to the Planning CommissionN 99-17 <br /> December 22, 1999 <br /> Page 2 <br /> suggested that the monument sign be relocated to the Highway 169 frontage. The <br /> • <br /> applicant agreed to relocate the monument sign from Freeport Street to the Highway <br /> 169 frontage. <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 /> Analysis <br /> Prior to the granting of a variance, the Board of Adjustments must determine that the <br /> following five conditions are met: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. 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 /> 3. 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 /> • 4. The special conditions and circumstances are not a consequence of the petitioner's <br /> own action or inaction. <br /> 5. 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 /> Literal Enforcement <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 /> Special Conditions <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 />