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Planning Commission, Riverview Sports Page 2 <br /> August 23, 1994 <br /> IIIapplicant is proposing to locate the new sign in the same area. Because the <br /> applicant is proposing to remove the current sign and replace it with the <br /> proposed sign, it requires a the sign to meet current City Code requirements. <br /> When a non-conforming use is completely removed and replace, it must meet <br /> current standards. An eight (8) foot variance is required from the setback <br /> requirements to allow the proposed sign to be two (2) feet from the right-of- <br /> way. <br /> VARIANCE REQUIREMENTS <br /> According to City Code, in order for a variance to be granted, five (5) items <br /> must be found: <br /> 1) That the literal enforcement of the ordinance would cause undue <br /> (unnecessary, unavoidable, extreme) hardship. <br /> 2) The hardship caused by special conditions and circumstances <br /> which are peculiar to the land and structure involved and which <br /> are not characteristic of or applicable to other lands or <br /> structures in the same district. <br /> • 3) Literal application of the provisions of this Ordinance would <br /> deprive the petitioner of rights enjoyed by other properties in <br /> the same district under the terms of this Ordinance. <br /> 4) The special conditions and circumstances are not a consequence <br /> of the petitioner's own action or inaction. <br /> 5) The variance will not be injurious to or adversely affect the <br /> health, safety, or welfare of the residents of the City or the <br /> neighborhood wherein the property is situated and will be in <br /> keeping with the spirit and intent of the Ordinance. <br /> According to the State Statutes, (Section 462.357 Subd. 6. (2) pg. 851) <br /> "Undue Hardship" on a property is defined as " ...the property in question <br /> cannot be put to a reasonable use if used under the conditions allowed by the <br /> official controls, plight of the landowner, and the variance, if granted, will not <br /> alter the essential character of the locality. Economic considerations alone <br /> shall not constitute an undue hardship if reasonable use for the property <br /> exists under the terms of the ordinance." <br /> • <br /> lundquis.troy <br />