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Memo to the Board of Adjustments/V 99-13 <br /> September 28, 1999 <br /> Page 3 <br /> • The applicant believes that there is a hardship as described in the attached <br /> letter. Staff, however, recommends denial of the variance because the <br /> applicant does not meet the 5 conditions of hardship as follows. <br /> 1. Staff believes that the literal enforcement will not cause undo <br /> (unnecessary, unavoidable, extreme) hardship because there are alternate <br /> locations for the sign that are near the entrance and readable from an <br /> adjacent road. <br /> 2. Staff believes that the hardship is not caused by special conditions and <br /> circumstances that are peculiar to the property involved because the <br /> property is large with several potential locations for the sign other than <br /> where they exist presently. <br /> 3. The literal application of the provisions of this ordinance would not <br /> deprive the applicant of rights enjoyed by other properties in the same <br /> district under the terms of this ordinance because other churches and <br /> properties in the district do conform to the setback restrictions. <br /> 4. The special conditions and circumstances are a consequence of the <br /> petitioner's own action or inaction. The church could have planned for a <br /> • new sign location when the site was improved after 1996. <br /> 5. The variance may be injurious to or adversely affect the health, safety or <br /> welfare of the residents of the city or the neighborhood because granting <br /> the variance might set a precedent and the sign would encroach on the <br /> sidewalk. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments deny this variance request <br /> to reduce the setback for a monument sign from a 10 foot setback to a 3 foot <br /> setback citing the inability of the applicant to meet the following five <br /> conditions for granting a variance: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE <br /> STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR <br /> APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE <br /> • WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-13.doc <br />