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MeMENOMY &SEVERSON <br />A PROFESSIONAL. ASSOCIATION <br />ATTORNEYS AT LAW <br />Page Two <br />Little Canada Planning Commission <br />February 28, 1989 <br />in not requiring Sinclair to make any changes to its two <br />pylon signs when Sinclair converted the station to a <br />convenience store operation); <br />Or, in the alternative, holding: <br />2. That due to the circumstances of this case, the <br />overwhelming dominance of the next door McDonald's golden <br />arch sign and the hardship suffered by Fina if it is not <br />afforded the same treatment as its freeway gasoline <br />station competitors have been afforded by the City, that <br />Fina is entitled to a variance allowing it to replace its <br />existing 30 foot high pylon sign with the new two poster <br />30 foot high pylon sign. <br />I. <br />THE UNION 76 PRECEDENT <br />Prior to February 1977 Mobil Oil Corporation owned the service <br />station located at the southeast corner of I -35E and Little Canada <br />Road. When Mobil owned the station, it had a 62 foot high pylon <br />sign and, additionally, a 23 foot high (approximate) rotating sign. <br />By Warranty Deed dated February 10, 1987, Mobil Oil Corporation <br />sold and conveyed the gas station property to Union Oil Company. <br />Thereafter, Union Oil Company (which is referred to variously as <br />Union 76 and /or Unical in the city's files and resolutions <br />regarding this matter) requested a variance to change the existing <br />signage from Mobil signs to Union 76 signs. As noted in the City <br />Planner's Report of February 9, 1987, (File No. 758.09- 87.04), the <br />Mobil signs were nonconforming not only in height and area, but <br />also due to their number (two pylon signs) and the fact that the <br />rotator sign violated the city's prohibition on signs which move or <br />rotate. (copy attached as Exhibit E). <br />Nevertheless, and in the face of the clear change of ownership of <br />the property and the structural alteration which would be required <br />to modify the pylon sign, by RESOLUTION NO. 87 -2 -75 (February 25, <br />1987 copy attached as Exhibit F) the City Council ruled that no <br />variance was required and allowed the change of signage with the <br />result that Union 76 now has the nonconforming rotator pylon sign <br />(approximately 23 feet in height) and additionally has a 62 foot <br />high pylon sign. <br />Page 42 <br />