05-25-2004 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes Page 3 May 25,2004 THE STRUCTURE INVOLVED AND WHICH ARE NOT • CHARACTERISTIC OF,OR APPLICABLE TO,OTHER LANDS OR STRUCTURE IN THE SAME AREA.THE FACT THAT THE HOUSE WAS DESTROYED BY FIRE AND THE PREVIOUSLY APPROVED 30' SETBACK ARE UNIQUE TO THIS PROPERTY. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER RESIDENCES IN THIS AREA ENCROACH INTO THE FRONT YARD SETBACK 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE SPECIAL CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE APPLICANT'S ACTION OR INACTION.NEITHER THE FIRE NOR THE APPROVED 30 FOOT SETBACK ARE THE RESULT OF THE PETITIONER'S ACTION. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS • LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER PROPERTIES IN THE VICINITY. MOTION CARRIED 7-0. 4.2. Request by Scottish Rite Childhood Language Disorder Clinics of Minnesota,Inc.for Variance to the Sign Ordinance,Case No.V 04-04 Director of Planning Michele McPherson explained that the applicant is requesting the variance in order to allow a second freestanding sign at 11090 183rd Circle NW(The Pines Town Office Park). Ms.McPherson noted that it is staff's interpretation that the development is only allowed one freestanding sign,and a monument sign has been placed on the site. The applicant requests adding a second 4-foot by 8-foot freestanding sign south of their building near County Road 12. Ms.McPherson reviewed the five findings that must be met in order for a variance to be approved. Staff recommends denial of the request,as it does not meet items 1,2 and 3 of the five criteria. Chair Ropp asked how many tenants are in the development. Ms.McPherson estimated that there were three tenants in one building and at least six in the other. Chair Ropp asked if the sign regulations would allow a sign on the façade to extend beyond the building. Ms. McPherson stated that the sign ordinance would not allow a projecting sign and that signs must be flat and parallel to the building.