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-5- REQUEST FOR SIGNAGE FOR J. T. VARGAS REAL ESTATE OFFICE AT 3909 SILVER LAKE ROAD • Application for: variance to the City Sign Ordinance regulations related to free-standing signs to allow installation of an 8 foot X 3 foot (24 square feet on each side) sign in the same location where several "unacceptable" signs for previous tenants had been sited. Proponent: Jose T. Vargas, who told the Council he had not yet cleared the berm setbacks with Mr. Hamer. Opponents: none. Staff input: *City had granted a variance for a free-standing sign to the previous tenant which he had erected in a manner which had not met the City's expectations for signage the Council had approved; and *the existing berm could only be extended to a distance which would meet the County's requirements for setback from their right-of-way. Council Direction to Applicant: Sundland - the manner in which previous signs on this property and the property to the south had been erected had resulted in the City tightening up its ordinances dealing with berming for free-standing signs. Marks - the City wants to assure that the "spirit" as well as the "letter" of the Sign Ordinance is observed with this sign. Council recommendation: approval with conditions. Council Grants Variance With Conditions Recommended by Planning Commission Motion by Marks, seconded by Ranallo to grant the requested variance to the Sign Ordinance requirements for free-standing signs to J. T. Vargas Co. , Inc. Real Estate, 3909 Silver Lake Road, .which would allow the installation of a two-sided, 24 square foot (48 square feet total sign area) sign to be mounted above a berm, portions of which are in existence on the property, on the conditions that: *the berm be extended the full length of the sign and the sign rest not more than six inches above the .berm at its lowest point; and *the sign not be lighted for night use. The Council finds, as did the Planning Commission, that: 1 . when a similar sign was approved for a prior tenant in this building, the intent of the variance was that a full berm be provided under the sign and the same conditions should be required of this applicant; 2. the applicant had answered all three questions in the application in the affirmative as required by statute; • 3. the petitioner had indicated coompliance with all the requirements of the variance;