Laserfiche WebLink
b. Variances may be granted when the petitioner establishes that there are <br /> practical difficulties in complying with the zoning ordinance. Practical <br /> difficulties means that: <br /> (1) The petitioner proposes to use the property in a reasonable manner <br /> not permitted by the zoning ordinance; <br /> (2) The plight of the petitioner is due to circumstances unique to the <br /> property not a consequence of the petition's own action or inaction; <br /> and <br /> (3) The variance,if granted,will not alter the essential character of the <br /> locality. <br /> 10. The Board of Adjustments voted 5-0 to deny the Variance to allow a second <br /> freestanding sign based on the following findings: <br /> a. The variance is not in harmony with the general purpose and intent of the <br /> ordinance. <br /> b. An additional sign is not consistent with permitted institutional uses in a <br /> residential district. <br /> c. The proposed additional sign is not using the property in a reasonable <br /> manner. <br /> d. There is no hardship unique to the property, as the property already has a <br /> functioning sign on site which can be increased in height,increasing visibility, <br /> while maintaining ordinance requirements. <br /> e. The essential character of the locality will be altered if the number of signs <br /> exceeds the limit for permitted nonresidential uses in a residentially zoned <br /> district. <br /> 11. The Board of Adjustments voted 5-0 to deny the Variance to allow a maximum <br /> height increase of 55.5 feet based on the following findings: <br /> a. The variance is not in harmony with the general purpose and intent of the <br /> ordinance. <br /> b. A sign three times the allowed height is not consistent with permitted <br /> institutional uses in a residential district. <br /> c. The additional height is not using the property in a reasonable manner. <br /> d. There is no hardship unique to the property, as the property already has a <br /> functioning sign on site which can be increased in height,increasing visibility, <br /> while maintaining ordinance requirements. <br /> e. The essential character of the locality will be altered if a sign exceeding the <br /> allowed height by more than three times is allowed. <br /> 12. The Elk River City Code provides that a decision by the Board of Adjustments to <br /> deny a variance shall not be final and shall automatically be appealed to the City <br /> Council. <br /> 13. On October 17, 2016, the City Council held a public hearing and reviewed the <br /> Variance requests. <br />