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<br />. <br /> <br />. <br /> <br />. <br /> <br />Memo to the City CounciW 99-13 <br />October 18, 1999 <br />Page 3 <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <br />Recommendation <br /> <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 /> <br />1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br />HARDSHIP. <br /> <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 /> <br />3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE <br />WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER <br /> <br />\ \elkriver\sys\shrdoc\planning\stevewen \ccmmo \ v99-13.doc <br />