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Memo to Board of Adjustments/V 04-05 <br /> June 21,2004 <br /> Page 2 <br /> Overview <br /> The applicant is requesting a second development sign. The sign ordinance allows one <br /> development identification sign per development. The Lafayette Woods development has <br /> two entrances, one on 194th Avenue from Proctor Road and the second on Upland Street <br /> from County Road 1. The entrance from Proctor has a formal development identification <br /> sign while the entrance from County Road 1 does not. The sign on Proctor was approved <br /> when the plat was approved. <br /> Analysis <br /> In order to grant a variance from the literal interpretation of the ordinance, the following <br /> five conditions must be met: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> Staff does not feel that literal enforcement of the ordinance would cause undue hardship. <br /> The existing sign on 196th Street is visible from Proctor Road. This proposed sign would <br /> not be visible from County Road 1, a visitor would already be in the development to see <br /> the sign. <br /> 2. The hardship is caused by special conditions and circumstances, which are peculiar to the property and <br /> the structure involved and which are not characteristic of or applicable to, other lands or structure in the <br /> same area. <br /> This development is similar to other nearby developments,Nordic Woods and Oak Hills <br /> which have just one development sign. There are no special conditions or circumstances. <br /> 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by <br /> other properties in the same district under the terms of this ordinance. <br /> The literal application of this ordinance would not deprive the applicant of rights <br /> enjoyed by other properties in this area. Other developments iin the area have one <br /> development sign or no development sign. <br /> 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. <br /> There are no special circumstances unique to this property <br /> 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the <br /> city or the neighborhood where the property is located and will be in keeping with spirit and intent of the <br /> ordinance. <br /> The request would not adversely impact other properties in the vicinity. <br /> S:\PLANNING\Case Files\2004\V 04-05 Lafayette Woods 11omeowners\VO4-05BA6-227.doc <br />