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MeMENOMY & SEVERSON <br />A PROFESSIONAL ASSOCIA I (C N <br />KITORN E.YS X LAIN <br />Page Five <br />Little Canada Planning Commission <br />February 28, 1989 <br />satisfied the criteria required for the issuance of a variance. <br />These criteria are as follows: <br />A. SPECIAL CIRCUMSTANCES. <br />As discussed above, while Little Canada does not <br />recognize a separate freeway fronting zone, it is <br />generally recognized that freeway abutting property <br />should be afforded increased visibility and, indeed, this <br />is one of the very reasons why commercial businesses <br />purchase (and pay substantially more for) such property. <br />In addition to this special circumstance, the McDonald's <br />signage which directly abuts our property to the north <br />and which totally dominates the signage in that vicinity <br />constitutes a special circumstance as it greatly limits <br />the visibility of our existing sign. This need for <br />visibility and the propriety of granting variances due to <br />the circumstances of a given lot have been recognized by <br />the City in the Conco situation and, we submit Fina <br />should be afforded the same treatment. <br />B. GRANTING THE VARIANCE WILL NOT CONFER A SPECIAL BENEFIT <br />ON FINA. <br />As discussed above, all of the gasoline stations in <br />Little Canada which abut a freeway (as well as the two <br />outside of Little Canada which abut common boundary <br />freeways) have at least one pylon sign of at least 40 <br />feet in height. Additionally, Conco was granted a <br />variance for its 40 foot sign. Accordingly, granting Fina <br />permission to merely replace its existing 30 foot sign <br />with another 30 foot sign will not confer any special <br />benefit on Fina. Indeed, if Fina were seeking a "special <br />benefit" it would request a sign of at least 40 feet in <br />height to equal those which have been previously granted <br />by the City Council. <br />C. DENIAL OF THE VARIANCE WOULD DENY FINA OF RIGHTS <br />COMMONLY ENJOYED BY OTHERS. <br />In addition to the Union 76 and Sinclair "two pylon signs <br />per station" discussed above., and the McDonald golden <br />arch sign which directly abuts our property, by our count . <br />there are at least 11 other pylon signs in the City of <br />Page 45 <br />