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<br />. <br /> <br />. <br /> <br />. <br /> <br />Memo to the City CounciW 99-13 <br />October 18, 1999 <br />Page 2 <br /> <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 /> <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. There are no other nonconforming <br />signs in the area that staff could identify, except for an illegal sign in the <br />right-of-way. <br /> <br />Grantinl! of Variance <br /> <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 /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <br /> <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 /> <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 /> <br />4. The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <br /> <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 \ccmmo \v99-13.doc <br />