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1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location, or surroundings, <br />the strict application of the zoning ordinance is found to deprive the <br />subject property of privileges not otherwise at variance with the intent <br />and purpose of the provision of this chapter. <br />The project site has special circumstances related to its <br />location, surroundings, and design. The site is located at the <br />northwest intersection of Dyer Road and Grand Avenue. <br />Removing the existing 37 -foot freestanding sign would <br />eliminate all visibility of the site from potential patrons <br />travelling along California State Route 55 (SR -55). The <br />existing grade of the site is substantially lower than that of <br />SR -55. Approval of the variance would create opportunities <br />on the project site to advertise the services provided by the <br />tenant while revitalizing the site through tenant <br />improvements that are part of the submittal. <br />2. That the granting of a variance is necessary for the preservation and <br />enjoyment of one or more substantial property rights. <br />The granting of the variance is necessary for the <br />preservation and enjoyment of substantial property rights. <br />The ability to maintain the existing 37 -foot freestanding sign <br />will help preserve substantial property rights since the site <br />has always operated as a service station. Requiring the <br />applicant to replace the sign with one that restricts the height <br />to seven (7) feet, furthermore denying all visibility from SR- <br />55, will impact the preservation of full property rights as they <br />have existed since 1968. <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 granting of the variance will not be detrimental to the <br />public or surrounding properties. The sign is intended to be <br />visible from the heavily travelled SR -55. The sign will not <br />incorporate any flashing or moving elements that may <br />distract motorists or passersby. Additionally, the structure of <br />the sign is to remain, as conditioned, similar to that of the <br />non - conforming code. Moreover, the site is located in an <br />exclusively commercial and industrial area with no <br />residential communities located in the immediate vicinity. <br />Resolution No. 2017 -03 <br />Page 2 of 5 <br />31 C -13 <br />