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Section 922.010.(C) (2) of the Municipal Code states that a variance <br />shall not be granted unless the following can be demonstrated: <br />a. Special conditions and circumstances exist which are peculiar <br />to the land, structure, or building involved. <br />The applicants feel that the existing location of the sign is not <br />visible by local traffic due to its close proximity to a traffic <br />signal, therefore, are proposing to relocate the sign (see <br />attached). Also, the applicants feel that the sign must be bigger <br />to increase visibility of the service station. <br />However, the City Code is very specific in regulating total sign <br />area and height of Free Standing signs in the B -3 district based on <br />gross floor area. The subject property does not contain unique <br />circumstances compared to similar properties in the B -3 zoning <br />district that would warrant an increase in the allowed height of a <br />Free Standing sign. Therefore, the above criterion is not <br />satisfied. <br />b. Literal interpretation of the provisions of this Ordinance <br />would deprive the applicant of rights commonly enjoyed by <br />other properties in the same district under the terms of this <br />ordinance. <br />The literal interpretation of the City Code does not deprive the <br />applicant the right of having a free standing advertisement sign <br />located on the property. As mentioned, the previous owners had a <br />similar sign which met all of the City Sign Ordinance provisions. <br />c. The special conditions and circumstances do not result from <br />the actions of the applicant. <br />The special conditions of the close proximity of the existing free <br />standing sign to the stop light on Rice Street and County Road C, <br />and congested roadways is not caused by any actions from the <br />applicant. <br />d. Granting the variance requested will not confer on the <br />applicant any special privilege that is denied by this <br />Ordinance to other lands, structures, or buildings in the same <br />district. <br />The granting of this variance will place a special privilege on the <br />applicant, that is typically denied for other businesses in the 13-3 <br />General Business District. Therefore, the granting of this <br />variance may set a precedent that would encourage similar requests <br />in the future. <br />2 <br />Page 15 <br />