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5.14 The property in question cannot be put to a reasonable use if used under conditions • allowed bv the official controls: Requiring the proposed signs to adhere to the Code with respect to setbacks would place them in locations that are not visible from the adjacent roadways, thereby negating their usefulness as pylon signs. Further, requiring compliance with the Code would cause the sign at the Cleveland Avenue location to be placed in the circulation lane which would create a potentially hazardous situation. Therefore, there appear to be no reasonable alternatives to the proposal that can be supported by the Code without a VARIANCE. The Planning Division has determined that the property can be put to a reasonable use under the official controls if the requested VARIANCES are granted. 5.15 The pli�ht of the landowner is due to circumstances unique to the propertv not created by the landowner: As the construction of the existing pylon signs likely pre- dates the current Code requirements, they were permitted in locations that no longer conform to the Code. The variances in this case are necessary because the requirements pertaining to sign location have changed and not because the applicant is proposing substantive changes to the site. The Planning Division has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner. 5.16 The variance, if granted, will not alter the essential character of the localitv: Because the location of the proposed pylon signs will remain essentially the same as the existing signs, the new signs will not create an adverse impact on adjacent properties or the surrounding neighborhood. The Planning Division has determined that the allowance of the requested VARIANCES will not alter the essential character of the • locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties as long as certain conditions are met. 6.0 STAFF RECOMMENDATION: 6.1 Based on the comments and findings outlined in Section 5 of this report, the Planning Division recommends approval of the Croix Oil Company's request for VARIANCES to § 1005 (Business Districts) and § 1012 (General Requirements) of the City Code to allow the construction of the proposed pylon signs in non-conforming locations, subject to the following conditions: a. The sign at the Cleveland Avenue location must not be closer to any right-of-way than the existing sign. b. The applicant must work with the City Engineer to select a satisfactory location for the sign at the Dale Street location such that the sign is not positioned too near the storm sewer and not closer than 5 feet from any right-of-way. c. The variance for each site (if granted) shall expire within 6 months of their approval if a sign permit is not issued for the respective site pursuant to § 1013.03 of the City Code. PF3783 RVBA 080206 • Page 4 of 5