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Variance No. 2004-07 November 22, 2004 Page 1 of 1 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subj ect site that necessitates sign variances for the restaurant. The building is situated at a major City intersection with unobstructed views to the building. Further, the building is located on two property lines, which provides direct visual access to the building. Finally, other similar proj ects have installed signage that is in compliance with the Sign Code. Therefore, the strict application of the zoning code would not deprive the subject property of privileges. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance for wall signage is not necessary to preserve property rights as the tenant will still maintain the ability to modify the 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 variances for signage may be detrimental to the area by allowing excessive and large signage on the building that may contribute to adverse aesthetic impacts along the corridor. D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of District Center (DC) allows signage in conjunction with restaurant uses in the land use designation. EXHIBIT 12 75C-30