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Memo to Board of Adjustments/V 98-9 <br />September 29, 1998 <br />Page 2 <br /> <br />Variance <br /> <br />Staff refers the Council to Section 900.40 of the City of Elk River Code of <br />Ordinances for the five standards to consider when reviewing a variance. A <br />variance may be granted only if it meets the following five conditions: <br /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <br /> <br />The hardship is caused by special conditions and circumstances which <br />are peculiar to the property and the structure involved and which are <br />not characteristic of, or applicable to, other lands or structure in the <br />same area. <br /> <br />o <br /> <br />The literal application of the provisions of this ordinance would <br />deprive the petitioner of rights enjoyed by other properties in the same <br />district under the terms of this ordinance. <br /> <br />The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <br /> <br />The variance will not be injurious to or adversely affect the health, safety <br />or welfare of the residents of the City or the neighborhood where the <br />property is located and will in keeping with spirit and intent of the <br />ordinance. <br /> <br />The applicant claims the hardship is lack of visibility from Highway 169. <br />However, the existing sign on the south side of the building is visible from <br />Highway 169 when traveling north. No signage is visible from Highway 169 <br />when traveling south. Since the freestanding sign can be seen from the <br />intersection of School St. and Freeport, one option would be to move the <br />existing sign on the south side of the building to the side facing Highway 169. <br /> <br />The applicant indicates the embankment on Highway 169 and the retail <br />center block visibility from Highway 169. Staff feels that the current signage <br />can be seen from Highway 169 when traveling north. However, in order for a <br />sign to be seen by someone traveling south it would have to be placed on the <br />back of the building. <br /> <br />The applicant states that all other properties along Highway 169 have visible <br />signage. That may be true; however, the other businesses made a marketing <br />decision to place one of their allowed signs so that it would be visible from <br />Highway 169. <br /> <br />s:\planning\scott\v98-9.doc <br /> <br /> <br />