7.2. SR 06-16-1997 - Laserfiche WebLink

Home Browse Search

result from the actions of the applicant, but in this ca~e there is no evidence of special circumstances or special standards that would warrant the granting of a variance. d o The Council finds that the granting of the variance would confer on the applicant special privileges that are denied by the Code of Ordinances to other owners of land in the same commercial district or in other commercial districts within the City of Brooklyn Park. 2. The granting of the variance would be detrimental to the public welfare and injurious to other properties in the commercial areas, since no hardships or special circumstances have been shown to the owner of this property, other than a desire to obtain a commercial advantage over other allowable signs for other businesses. 3. The Council further finds that the applicant's ambivalent position on whether the American flag is a part of their trademark and a symbol of their organization, and therefore a part of the sign, or a matter of public spirit, is a legal argument that need not be determined in this particular case. If the applicant maintains the sign height of other flag poles allowed in the City, the size of their flag should not be considered a part of the actual signage. 4. The Council further finds that if general standards and requirements are waived or relaxed for one property owner, other property owners have the right to ezpect the same type of treatment or their constitutional rights would be adversely affected by failing to apply the equal protection rules of the constitution for all citizens. The foregoing resolution was introduced by Councilmember Enge and duly seconded by Councilmember Eder. The following voted in favor of the resolution: Arbogast, Eder, Enge, Feess and Schulte, The following voted against: Gustafson. The following were absent: None. Whereupon the resolution was adopted. ADOPTED: OCTOBER 9, 1995 G C EARBOGAST ~1995~313