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Variance Request by Universal Signs Page 2 <br /> December 19, 1995 <br /> • When a building abuts two or more public streets, two wall signs will be allowed <br /> for freestanding sites in Elk Park Center. Because Video Update does abut both <br /> Freeport Street and Highway 169, it is allowed two wall signs. Freestanding <br /> sites in Elk Park Center are also allowed one monument sign. <br /> When staff informed Video Update that they are allowed two wall signs, staff <br /> was informed that Taco Bell in Elk Park Center has three (3) wall signs. The <br /> City informed Taco Bell of the violation and gave them the option of either <br /> removing the third sign or applying for a variance. The City recently received a <br /> letter, dated December 1, 1995, stating that Taco Bell will be removing the third <br /> sign within three weeks. <br /> Video Update was given the same two options, but they have chosen to ask for a <br /> variance for the third wall sign. <br /> Variance <br /> Staff refers the Planning Commission to Section 900.40 of the Elk River City <br /> Ordinance for the five standards to consider when reviewing a variance request. <br /> Staff could find no circumstance which makes Video Update's situation different <br /> from any of its neighbors in Elk Park Center and no special circumstances which <br /> • would require any more signage. <br /> Recommendation <br /> It is staff's opinion that this request does not meet the five standards required to <br /> grant a variance and, therefore, recommends denial of the variance to exceed the <br /> maximum number of wall signs on a freestanding site in Elk Park Center based <br /> on the following findings: <br /> 1. Literal enforcement of the ordinance will not cause undue hardship for Video <br /> Update, since they are allowed a total of three signs (1 freestanding and 2 <br /> wall signs). <br /> 2. There are no special conditions such as topography, visibility or <br /> circumstances which are peculiar to this business or this site. <br /> 3. Literal application of the ordinance will not deprive Video Update of property <br /> rights enjoyed by other businesses in the Elk Park Center development. <br /> 4. There are no special conditions that have not already been addressed by the <br /> PUD sign ordinance. <br /> • <br /> S:\PLANNING\KENDRA\V95-13.DOC <br />