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2. That the granting of a variance is necessary for the preservation <br />• and enjoyment of one or more substantial property rights. <br />The granting of the variance for the changeable copy sign, <br />projecting sign, cabinet sign and the painted wall sign on the <br />south elevation will allow the enjoyment of property rights. <br />The location of the building, at a major City intersection and <br />at the gateway to the Downtown/Artists Village, warrants the <br />installation of unique, aesthetically pleasing signage for the <br />restaurant. Additionally, the restaurant is 12,089 square <br />feet, which is larger than a typical restaurant, and as such <br />warrants the installation of additional signage. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />The changeable copy, projecting, cabinet and painted wall <br />sign on the south elevation will not be detrimental to the <br />surrounding area as a condition of approval has been added <br />that limits the amount of signage allowed on the site. This <br />will assist in minimizing the visual clutter found on structures <br />with multiple signs. <br />• 4. That the granting of a variance will not adversely affect the General <br />Plan of the City. <br />The granting of the variance will not adversely affect the <br />City's General Plan in any way as the land use designation <br />of District Center (DC) allows signage in conjunction with <br />restaurant uses in the land use designation. <br />E. The Planning Commission determines that for Variance No. 2004-07 (A1, <br />A2, A3) for sign No. 1; (C1, C3) for sign No. 4; (D3) for sign No. 5; (F) for <br />sign No. 7; (G1, G2, G3) for sign No. 8; (H) for sign No. 9; and (I) for sign <br />No. 10 the following findings, which must be established in order to grant a <br />variance from the provisions of the Santa Ana Municipal Code, have not <br />been established: <br />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 />There are no special circumstances applicable to the subject <br />• site that necessitates several sign variances for the <br />restaurant. The building is situated at a major City <br />Resolution No. 2004-47 <br />Page 4 of 7 <br />