Laserfiche WebLink
Board of Adjustments Minutes <br /> September 29, 1998 <br /> Page 4 <br /> COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST FOR A 20' FRONT <br /> YARD VARIANCE BY MICHAEL MCELHONE, PUBLIC HEARING CASE NO. V 98-8, <br /> BASED ON THE FOLLOWING FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES <br /> WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND <br /> WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR <br /> STRUCTURE IN THE SAME AREA. <br /> 3. 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 /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF <br /> THE PETITIONER'S OWN ACTION OR INACTION. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, <br /> SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD <br /> WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND <br /> INTENT OF THE ORDINANCE. <br /> . COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> 3.4. Request by Applebee's for a Variance, Public Hearing Case No. V 98-9 <br /> Vice Chair Cote withdrew from discussion of this item due to a conflict of interest. <br /> Commissioner Kuester was appointed Acting Chair for discussion of Item 3.4. <br /> Staff report by Scott Harlicker. Applebee's has requested a variance to the sign <br /> ordinance to allow a fourth wall sign at 18891 Freeport Avenue. The proposed 66 <br /> square foot sign would consist of the Applebee's name and logo and would be <br /> located on the rear of the building facing Highway 169. Currently, there is a <br /> freestanding sign on Freeport, two wall signs on the front of the building facing <br /> Freeport and a wall sign on the south side of the building. Staff suggested that <br /> the applicant moved the signage on the south side of the building to the back <br /> facing Highway 169. <br /> Acting Chair Kuester opened the public hearing. <br /> There being no comments from the public, Acting Chair Kuester closed the public <br /> hearing. <br /> Commissioner Schuster expressed his support for the community efforts by <br /> Applebee's, but did not feel the request met the five findings necessary for <br /> granting a variance. <br /> COMMISSIONER THOMPSON MOVED DENIAL OF THE REQUEST FOR A VARIANCE BY <br /> 110 APPLEBEE'S, PUBLIC HEARING CASE NO. V 98-9, BASED ON THE FOLLOWING <br /> FINDINGS: <br />