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Memo to the Planning CommissionN 00-2 <br /> June 22,2000 <br /> Page 3 <br /> • Adverse Impacts <br /> Granting the variance would not create adverse impacts to adjacent properties or uses. <br /> The sign is located out of the vision safety zone for traffic purposes. The rights of way <br /> on both Proctor Road and Ridgewood Drive are wide enough that the sign, set at the <br /> property line, does not pose a safety hazard. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments approve this request to reduce the <br /> sign setback from 10 feet to zero feet as the applicant meets the following five <br /> conditions for granting a variance: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE <br /> 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 <br /> WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER <br /> PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS <br /> ORDINANCE. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE <br /> HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE <br /> NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN <br /> KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. <br /> Staff also recommends that the property owner grant the Ridgewood Association an <br /> easement to locate the sign on private property. <br />