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RESOLUTION 13- <br />A RESOLUTION OF THE CITY OF ELK RIVER <br />A RESOLUTION DENYING <br />VARIANCE REQUEST V 13 -01 <br />AND ESTABLISHING <br />FINDINGS OF FACT THEREFORE <br />WHEREAS, Application was made on November 26, 2012, by Stephen Rohlf for a <br />Variance for additional signage for his existing car wash building for the <br />property legally described as that part of the Northwest ' /a of Northwest <br />1/4 of Section 11, Township 32, Range 26, Sherburne County, Minnesota, <br />and <br />WHEREAS, The application for approval (the Application) was referred to the City <br />Council; and <br />WHEREAS, The City Council conducted a public hearing on the Application, after <br />proper publication and due notice thereof as required by ordinance and <br />statute, on January 22, 2013; and <br />WHEREAS, Following completion of the public hearing, the City Council made the <br />following findings of fact with respect to the application: <br />The application does not meet variance criteria 1 -5 set forth in <br />Section 30 -635 (b): <br />(1) The variance is in harmony with the general purpose and intent of the ordinance. <br />Finding: This proposal represents a significant departure from the purpose <br />and intent of the ordinance. <br />(2) The variance is consistent with the City of Elk River Comprehensive Plan. <br />Finding: The Comprehensive Plan discusses signage in the Community <br />Image section of the Plan, including the statement "Without public guidance, <br />business signs can diminish the overall image of commercial districts and <br />corridors." "At a minimum, the size and appearance of signs should not <br />detract from a positive community image." A major departure from these <br />regulations is viewed as consistent with the Comprehensive Plan. <br />Variances may be granted when the petitioner establishes that there are practical difficulties <br />in 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 <br />zoning ordinance; <br />N: \Public Bodies \City Council \Council RCA \Agenda Packet \01 -22- 2013 \Resolution - Denial.docx <br />