04-17-2006 CC MIN - Laserfiche WebLink

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City Council Minutes Apro17, 2006 Page 10 Variance Request . Councilmember Gumphrey stated that considering the applicant is giving up an access and has an unusual amount of highway frontage he sees no issues with allowing the variance. Councilmember Farber concurred. . Councilmember Dietz also concurred but expressed concerns with the timing for closing the TH 10 access. Mr. Maurer stated he would contact MnjDOT and let them know the access is no longer needed. He stated MnjDOT would probably temporarily restrict the access until they could come in later to eliminate it permanently. Mayor Klinzing stated the sign ordinance allows the addition of an extra sign when there is over 300' of frontage but doesn't address if there is 600' or 900' plus. She supports tlle vanance. Councilmember Morin concurred. He stated it would be a hardship to only have two signs due to the amount of frontage. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A VARIANCE FOR CASE NO. V 06-03 BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. . 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES, WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. MOTION CARRIED 5-0. .