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5.5 () to literal provisions strict enforcement cause undue hardship because of the individual property under consideration, and to grant such variances it is demonstrated such actions will be in keeping with the spirit and the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance....The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect". 5.6 The property in Question cannot be put to a reasonable use if used under conditions allowed by the official controls: In light of the conclusions one can reach on "reasonable use", the City Planner has concluded that a pylon sign not exceeding 20 feet in height and 1 00 square feet in size is permitted on the premises. However, the location of this sign is such that it is difficult to view from Lexington Avenue by those in vehicles traveling a minimum of 3 5 miles an hour due mainly to the mature tree growth on the adjacent parcels to the north and south. The boulevard width area located between the street curb edge and the property line varies from 27 feet on the north to 40 feet on the south, contributing to the the limited sight distance. The Staff has determined that the property can be put to a reasonable use under the official controls if an AMENDED & EXPANDED V ARIANCE to Section 1009 is granted. 5.7 The pli2ht of the landowner is due to circumstances unique to the property not created by the landowner: The Dairy Queen property at 3070 Lexington Avenue is unique. The property was developed in 1963, including sign installation, when most of the trees were either very small on not yet planted, and Lexington Avenue was located in a different alignment with a narrower boulevard. The Staff has determined that the plight of the landowner is due to circumstances unique to the property not created by the landowner. PF3639 _RVBA_050405.doc - Page 3 of 5