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~ BRIGGS axD MORGAN <br />• Mr. Dewan B. Barnes _2_ <br />June 18, 1976 <br />4. Occasional uses. of signs such as for <br />political elections, for sale or for rent <br />or other similar occasional uses. <br />Section 14.1(2..4) states that "advertising signs" <br />shall not be permitted in residential districts. <br />Based on the above sections of the ordinance, my <br />conclusion is that the proposed sign is not a permissible <br />sign within a residential district. It is not one of the <br />permitted signs set forth in Section 14; it is not a sign <br />for occasional use. such as a for sale or for rent sign; and <br />in fact it may be an advertising sign which is specifically <br />prohibited in Section 14. <br />I note from the application that this fact may have <br />already been recognized because the applicant .applied for a <br />variance rather than a conditional use, <br />If the sign is not permitted within a residential <br />district, the next question is whether there are conditions <br />• .present which would justify the Planning Commission and the <br />Council in granting a variance fram the strict application <br />of the zoning ordinance. T would direct the attention of the <br />Planning Commission and the Council to Section 16.4(4) of the <br />ordinance which sets forth the conditions under which a <br />variance may be granted. In essence, a variance shall not <br />be granted merely to serve as a convenience to the applicant <br />but is to be granted where the applicant has shown demonstrable <br />hardship or difficulty sufficient to take it outside of the. <br />strict application of the zoning ordinance. Thus, it is up <br />to the Planning Commission and ultimately the Council to <br />determine whether there are facts present here upon which a <br />variance may be granted to the applicant. <br />Yours truly, <br />"O ~ <br />John R. Kenefick <br />RJK:mf <br />