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t I REQUEST FOR ACTION <br />Rimier <br />TO <br />ITEM NUMBER <br />Mayor and City Council <br />7.2 <br />AGENDA SECTION <br />MEETING DATE <br />PREPARED BY <br />Public Hearings <br />January 22, 2013 <br />Jeremy Barnhart, Planning Manager <br />ITEM DESCRIPTION <br />REVIEWED By <br />Variance: Cornerstone Auto for Variance to City of Elk River <br />Peter Beck, City Attorney <br />REVIEWED BY <br />Land Use Regulations, Section 30 -870 — C3 Highway <br />Commercial District - Signs, Case No. V 13 -01 <br />Suzanne Fischer, Community Operations <br />and Development Director <br />ACTION REQUESTED <br />Review of automatic appeal of Board of Adjustment's denial of the variance application for 484 square <br />feet of signage where 272 square feet is allowed. <br />DISCUSSION <br />The City Council is reviewing this application because the Board of Adjustment denied the variance <br />application at their meeting on January 8. Board of Adjustment denials are automatically appealed to the <br />City Council. <br />The zoning ordinance allows for variances provided they meet the state criteria incorporated into the <br />ordinance in 2011. <br />Section 30 -635: <br />(b) A variance may be granted by the board only if it finds that: <br />(1) The variance is in harmony with the general purpose and intent of the ordinance. <br />(2) The variance is consistent with the City of Elk River comprehensive plan. <br />(c) Variances may be granted when the petitioner establishes that there are practical difficulties in <br />complying with the zoning ordinance. Practical difficulties means that: <br />(3) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br />(4) The plight of the petitioner is due to circumstances unique to the property not a consequence of <br />the petition's own action or inaction; and <br />(5) The variance, if granted, will not alter the essential character of the locality. <br />(d) Economic considerations alone do not constitute practical difficulties. Practical difficulties include, <br />but are not limited to, inadequate access to direct sunlight for solar energy systems. <br />F It It E E E D By <br />M \Departments \Community Development \Planning \Case Files \Variance \V 13 -01 Comerstone Auto \V 13 -01 <br />Comerstone Auto SR to CC 1- 22- 13.docx <br />