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It is the first of these conditions from which the owner is <br />applying for a variance. Variances are to be evaluated against <br />specific criteria listed in the Zoning Ordinance. These criteria <br />include the following: <br />a. Special conditions and circumstances exist which are <br />peculiar to the land, structure, or building involved. <br />(1) Special conditions may include exceptional <br />topographic or water conditions or, in the case of <br />an existing It or parcel of record, narrowness, <br />shallowness, insufficient area or shape of the <br />property. <br />(2) Special conditions and circumstances may not be <br />primarily economic in nature. <br />b. Literal interpretation of the provisions of this <br />Ordinance would deprive the applicant of rights commonly <br />enjoyed by other properties in the same district under <br />the terms of this Ordinance. <br />c. the special conditions and circumstances do not result <br />from the actions of the 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 <br />same district. <br />e. A genuine hardship exists in complying with the literal <br />terms of this Ordinance. <br />Each of these tests must be met to qualify for variance approval. <br />In this case, a special condition could be construed to be the <br />shape of the parcel for typical shopping center development, nor do <br />these conditions result from this applicant's actions. However, <br />the other three tests cannot be met. Other shopping centers in <br />Little Canada have been held to this standard and an approval of <br />this variance would grant a special privilege to the Market Place <br />denied to others, most notably Rice at C Center. As a result, this <br />request does not comply with the criteria for a variance and should <br />not be granted. <br />A Conditional Use Permit is to be considered only when it is shown <br />to be in conformance with the performance standards of the <br />Ordinance. Without variance approval, this requirement cannot be <br />met. In addition, City records show the sign to be thirty -five <br />feet in height, exceeding the maximum allowance of 25 feet. <br />2 <br />Page 11 <br />