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<br />determines that the findings necessary to grant the variance have not <br />been established: <br /> <br />1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location, or <br />surroundings, the strict application of the zoning ordinance is found <br />to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />chapter. <br /> <br />i. There are no special circumstances applicable to the subject <br />property where the strict interpretation of the zoning <br />ordinance is found to deprive the subject property of <br />privileges not otherwise at variance with the intent and <br />purpose of the provisions of the zoning code. <br /> <br />The existing service station is situated at a prominent <br />business location, directly north of the freeway off-ramp and <br />immediately adjacent to the freeway on-ramp. Additionally, <br />Seventeenth Street is a major arterial street and provides a <br />large volume of traffic in this area. Also, there is an existing <br />35-foot freestanding pole sign on the southeast portion of the <br />site that provides additional identification to the site. <br />Therefore, there is no need for additional signage or <br />identification symbols on the premises. <br /> <br />This is a typical lot with no unique site features that warrants <br />a structure to exceed the maximum allowable height limit <br />within the zone. <br /> <br />That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br /> <br />The denial of the variance should not significantly impact the <br />right of the property owner to enjoy the use of their property. <br />Seventeenth Street is a major arterial in the City and has a <br />high traffic volume. The construction of a 100-foot tall <br />flagpole will not guarantee any greater enjoyment or <br />business attraction permitted by code. <br /> <br />That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br /> <br />The granting of a variance will be detrimental and <br />aesthetically incompatible to the surrounding residential <br />uses, when considering that no other structure is similar in <br />height to the proposed structure and the residential uses <br />located immediately to the north of this site, which are <br />considered a sensitive land use. <br /> <br />Resolution No. 2005-xx <br />Page 2 of 4 <br /> <br />2. <br /> <br />3. <br /> <br />4. <br /> <br />ii. <br /> <br />iii. <br /> <br />That the granting of a variance will not adversely affect the General <br />Plan of the City. <br /> <br />758-4 <br />