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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6806 4. Applicant has applied for the following variance[s]: a. Variance to permit the construction of a sign wider and thickness and width to be located within the 10 yard front yard setback. 5. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicable regulation provides for commercial signage in a manner that does not impact the traveling public due to hindered visibility and visual clutter. Further, the ordinance intends on improving the streetscape by requiring more stable, architecturally significant monument signs in lieu of pylon signs. The variances, if granted, would protect visibility while providing signage similar to monument signs. 2. The variance is consistent with the comprehensive plan. The Comprehensive Plan identifies the subject parcel as commercial, the proposed signage supports and is consistent with the intended use. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The use of the property is a financial institution. Freestanding signage is a normal and expected accessory structure in commercial settings. The proposed signage, to be located in a conforming location, would require the removal of several parking spaces, possible increasing hard cover. Further, the sign as proposed replaced one in this same location for several decades. b. There are circumstances unique to the property not created by the landowner; The lot was developed in the 1970s, and has been a bank for many decades. The siting of the building and the parking lot was established by previous developers; and c. The variance will not alter the essential character of the locality. Recognizing that signage is a normal improvement in a commercial setting, the proposed signage is intended to compliment the improvements being made on the principal structure while maintaining site visibility at the intersections. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The pattern of development in this area has resulted in buildings and parking areas very close to the traveled portion of the road, this is unique to this neighborhood.