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<br />Clear Channel Variance Request <br />July 7, 2004 <br />Page 5 <br /> <br />d. That granting the variance requested would not confer on the applicant any special <br />privilege that is denied by this Title to owners of other lands, structures or buildings in <br />the same district. <br /> <br />The applicant has demonstrated that the billboard faces would be partially obscured by tree <br />cover without the berm construction, which the City no longer desires. Granting the variance <br />would not appear to be a special privilege given the City’s actions and preferences. <br /> <br />e. That the variance requested is the minimum variance which would alleviate the <br />hardship. Economic conditions alone shall not be considered a hardship. <br /> <br />The ten-foot height increase to 45 feet is the minimum variance to ensure the billboard faces <br />will be clearly visible from the adjacent freeways. The reduced separation as shown on the <br />attached Exhibit A is the minimum variance needed to preserve the natural area in between the <br />golf course and Sysco. <br /> <br />f. The variance would not be materially detrimental to the purpose of this Title or to other <br />property in the same zone. <br /> <br />Approval of the variance will not be materially detrimental to the purposes of the City Code. <br /> <br />g. The proposed variance will not impair an adequate supply of light and air to adjacent <br />property or substantially increase the congestion of the public streets or increase the <br />danger of fire or endanger the public safety or substantially diminish or impair property <br />values within the neighborhood. <br /> <br />The proposed variance would not result in any of the above-cited adverse effects. <br /> <br /> <br />Recommendation: <br /> <br />Open the public hearing and discuss the variance request for the additional ten feet of sign <br />height from 35 feet up to 45 feet and a variance for reduced spacing as illustrated in Exhibit A <br />of Resolution 766-04. Staff supports the approval of the variances in light of the absence of <br />the expansion of the course and the elimination of the berm originally considered along 35W <br />and Highway 10. <br /> <br /> <br />_____________________________________ <br />James Ericson <br />Community Development Director <br /> <br />Attachments: <br />1. Planning Application <br />2. Zoning Map <br />3. Location Map <br />4. Golf Course Layout <br />5. Resolution 766-04