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Page 4 4. The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. Having a medium by which to display current fuel price is a reasonable request from the applicant, and provides a benefit in that the owner doesn’t have to switch out price manually. Additionally, electronic display signs are a use being adopted by many other gasoline stations around the area. Criterion met. 5. Criteria for, and Consistency with, Criteria for Variance Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council must consider in determining whether to grant or deny a variance. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The application for a variance to the setback is eligible subject matter for variance criteria because these factors are related to dimensional and/or bulk standards. Criterion met. 2. Strict enforcement would cause practical difficulties because: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; The property owners propose to use the property in a way that is reasonable. The new sign will be placed on the existing signs base. Criterion met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; The plight of the property owner is due to the placement of the existing sign. The placement of the new dynamic display sign could be located to comply with the setback, however since the existing base will be used for the new sign this would create an unnecessary burden and cost to the owner and may impede ingress or egress of vehicles to the property. Criterion not met. c. The variance, if granted, will not alter the essential character of the locality; and Granting of this variance would not alter the essential character of the neighborhood. The sign will be located in the same spot but enhanced to a dynamic display. Criterion met. d. Economic considerations alone are not the basis of the practical difficulties. Granting the variance does not affect economic considerations. It is the setback of the sign that creates the practical difficulty, not economic considerations alone. Criterion met. 3. The variance, if granted, would be consistent with the City’s comprehensive land use plan. If the variance is granted the use of the property would remain the same land use as it is today, commercial. The comprehensive plan guides this area for commercial and the enhancement of the sign to a dynamic display will not alter that land use. Criterion met. 4. The granting of the variance is in harmony with the general purposes and intent of the zoning code. The intent of the zoning code is to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use. The zoning code is established to: protect the use districts; promote orderly development and 38