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City Council Minutes Page 10 <br /> April 17,2006 <br /> ----------------------------- <br /> Variance Request • <br /> Councilmember Gumphrey stated that considering the applicant is giving up an access and <br /> has an unusual amount of highway frontage he sees no issues with allowing the variance. <br /> Councilmember Farber concurred. <br /> Councilmember Dietz also concurred but expressed concerns with the timing for closing the <br /> TH 10 access. <br /> Mr.Maurer stated he would contact Mn/DOT and let them know the access is no longer <br /> needed. He stated Mn/DOT would probably temporarily restrict the access until they could <br /> come in later to eliminate it permanently. <br /> Mayor Klinzing stated the sign ordinance allows the addition of an extra sign when there is <br /> over 300'of frontage but doesn't address if there is 600' or 900'plus. She supports the <br /> variance. <br /> Councilmember Motin concurred.He stated it would be a hardship to only have two signs <br /> due to the amount of frontage. <br /> MOVED BY COUNCILMEMBER FARBER AND SECONDED BY <br /> COUNCILMEMBER MOTIN TO APPROVE A VARIANCE FOR CASE NO.V <br /> 06-03 BASED ON THE FOLLOWING FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE • <br /> UNDUE HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES,WHICH ARE PECULIAR TO THE PROPERTY <br /> AND THE STRUCTURE INVOLVED AND WHICH ARE NOT <br /> CHARACTERISTIC OF,OR APPLICABLE TO, OTHER LANDS OR <br /> STRUCTURE IN THE SAME AREA. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS <br /> ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS <br /> ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT <br /> UNDER THE TERMS OF THIS ORDINANCE. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR <br /> INACTION. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY <br /> AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE <br /> RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE <br /> THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH <br /> SPIRIT AND INTENT OF THE ORDINANCE. <br /> MOTION CARRIED 5-0. • <br />