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(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 />The recent reconstruction of the interchange at Highway 169 and School <br />Street is a unique circumstance for the property. A freestanding sign meeting <br />the 150 square -foot size limit is still visible from Highway 169, and while the <br />circumstance is unique, the request does not satisfy other standards for <br />issuance of a variance at the requested size, including Section 30-635(b)(1) <br />and Section 30-635 (C)(1)&(3). <br />(3) The variance, if granted, will not alter the essential character of the <br />locality. <br />If approved, the proposed 276 square -foot sign would be the largest, by <br />square footage, freestanding sign in the locale and would alter the essential <br />character of the locality. <br />7. Taking into consideration all the testimony and evidence received, including <br />statements from the applicant, staff reports, and the findings of the Board of <br />Ad)ustments, the City- Council finds that the Applicant's proposal goes beyond the <br />intent of the ordinance and would alter the essential character of the locale. The <br />Applicant has not established that they met the requirements for a variance. The <br />variance would not be in the public interest. <br />DECISION <br />NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF <br />THE CITY OF ELK RIVER, MINNESOTA, based upon the information received and <br />the above Findings, the City Council of the City of Elk River hereby denies the Variance <br />Application V 24-08 to exceed the allowed square footage of signage in the C3 Highway <br />District at 18823 Freeport St. NW, Elk River, MN <br />Passed and adopted this 5' day of August 2024. <br />John J. Dietz, Mayor <br />ATTEST: <br />Tina Allard, City Clerk <br />P O W E N E d B I <br />NAWREI <br />Page 66 of 159 <br />