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Memo to the Board of Adjustments/V 99-13 <br /> September 28, 1999 <br /> Page 2 <br /> • The applicant believes a new sign is needed to identify the church entrance <br /> and service hours. The applicant desires a location off of 4th Street near the <br /> parking lot entrance to the new church. Churches signs in the R2 zoning <br /> district must be setback a minimum of 10 feet from the property line and <br /> cannot exceed 96 square feet in total sign area. The proposed sign has a sign <br /> area of 56 square feet and as proposed will be setback 3 feet from the <br /> property line, requiring a 7 foot variance. With a 3 foot setback, the sign will <br /> be 5 feet from the sidewalk and roughly 5 feet from the parking lot. <br /> As indicated on the Alternate Sign Locations Plan, there are several other <br /> several locations on the site to construct a new sign that would not require a <br /> variance. Of the four alternative locations, Location 3 would be close to the <br /> main 4th Street entrance and the applicant's proposed location. This location <br /> might require moving or removal of an existing conifer. Location 4, near <br /> Gates Avenue, is also close to a church entrance, however it is further away <br /> from a road than the proposed location. <br /> Granting of Variance <br /> Staff refers the Board of Adjustments to Section 900.40 of the City of Elk <br /> River Code of Ordinances for the five standards to consider when reviewing a <br /> • variance. A variance may be granted only if it meets the following five <br /> conditions: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. The hardship is caused by special conditions and circumstances which are <br /> peculiar to the property and the structure involved and which are not <br /> characteristic of, or applicable to, other lands or structure in the same <br /> area. <br /> 3. The literal application of the provisions of this ordinance would deprive <br /> the petitioner of rights 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 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 /> • <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-13.doc <br />