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Memo to Board of Adjustments/V 98-9 <br /> September 29, 1998 <br /> Page 2 <br /> • Variance <br /> Staff refers the Board 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 /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. 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 /> 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 the <br /> petitioner's own action or inaction. <br /> • 5. 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 /> 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 /> 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 /> 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 /> \\elkriver\sys\shrdoc\planning\scott\v98-9.doc <br />