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Variance No. 2004-10 December 13, 2004 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. One of the main vehicular accesses to this building is from the North. While the building has a frontage to the North, it is obstructed by non-conforming roof signs on the adjacent property. In addition, while this building is two stories due to the particulars of its use, the total height of the building is consistent with that of a three-story building. Signs located above 20 feet from the street are permitted on those buildings in compliance with the Sign Code. Therefore, the strict application of the zoning code deprives the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of Chapter 41. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for signage is not necessary to preserve property rights as the Orange County Performing Arts Pavilion will still maintain the ability to modify signage to meet City codes and allow identification of the business. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for signage will not be detrimental to the public welfare or injurious to surrounding property as conditioned. The proposed signs are of high quality materials, and are architecturally compatible with the modern design of the building. In addition, the removal of the existing roof sign will lessen the clutter and sign blight and provide a positive impact along Midtown. VA 2004-10 EXHIBIT 11 31A-17