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Memo to the Planning CommissionN 00-2 <br /> June 22,2000 <br /> Page 2 <br /> Staff refers the Board of Adjustments to Section 900.40 of the Zoning Code for the five <br /> • standards to consider when reviewing a variance. A variance may be granted only if it <br /> meets the following five conditions: <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 code requirement would set the sign 10 feet from the <br /> property line and into the woods. The sign would also be on tall pilings due to the deep <br /> ditch that parallels both roads. <br /> Special Conditions <br /> The subject parcel has unique topographic and wooded conditions that make placing <br /> the sign at the setback difficult. Due to the number of trees, several would need to be <br /> removed in order to see the sign. <br /> Deprivation of Rights <br /> The sign ordinance allows residential developments to have signs that identify the <br /> overall development. Denying the variance would not necessarily deny the right to the <br /> sign, but makes locating the sign more difficult. Other residential developments have <br /> similar signs, but have been able to meet the ordinance requirements (Lafayette <br /> Woods). <br /> Petitioner's Action or Inaction <br /> The applicant was not responsible for the topography or the vegetative quality of the <br /> • property. The request is due to both of these qualities of the property. <br />