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e. A genuine hardship exists in complying with the literal <br />terms of this Ordinance. <br />Each of these criteria will be addressed below: <br />a. Special Conditions <br />There does not appear to be any special conditions or <br />circumstances (i.e., topographic features) that are peculiar to <br />the applicant's situation. The applicant's attorney (Mr. Wilcox) <br />believes there are special circumstances present which include <br />freeway frontage (Highway 36), and McDonalds signage north of the <br />subject site. The Little Canada Ordinance does not recognize <br />freeway frontage as a factor in determining sign size or height. <br />McDonalds signage is legally nonconforming in regard to present <br />sign regulations. This signage was installed prior to the <br />adoption of the current City Ordinance and therefore was <br />grandfathered in. Should McDonalds choose at some point to <br />install a new sign or make site improvements totalling more than <br />fifty (50) percent of the site's market value, McDonalds would be <br />required to bring site signage into conformance with current <br />standards. However, it can continue indefinitely at its present <br />size and manner. <br />b. Applicant's Rights <br />Regulations governing signage standards found in the Little <br />Canada Sign Ordinance stipulate particular allowed sign size and <br />height by district. These regulations apply to all properties in <br />the City and therefore all properties operate under the same <br />rules. In this light, if the City denies the variance, the <br />applicant would not be deprived rights commonly enjoyed by other <br />properties because all properties must abide by the same set of <br />rules. The applicant's attorney cites past precedent involving <br />Union 76. This request involved a change in franchise name from <br />Mobil to Union 76. The Council interpreted the request to be a <br />change in franchise not ownership. The request was a change in <br />sign copy not structural changes to the sign itself, therefore <br />the Council decided no variance was necessary and allowed the <br />signage change. <br />c. Applicant Caused Circumstances <br />As mentioned earlier, there does not appear to be any special <br />circumstances in this case. <br />d. Special Privilege <br />In the converse of <br />of this particular <br />the applicant a <br />properties in this <br />Canada Ordinance, <br />item b. above, if granted, based on the merits <br />case, it appears this variance will confer on <br />privilege not commonly enjoyed by other <br />district. Given the terms of the Little <br />the intent is to eventually eliminate all <br />Page 37 <br />