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<br />. <br /> <br />. <br /> <br />. <br /> <br />Planning Commission, Riverview Sports <br />August 23, 1994 <br /> <br />Page 2 <br /> <br />applicant 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 />Vlhen 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 /> <br />VARIANCE REQUIREMENTS <br /> <br />According to City Code, in order for a variance to be granted, five (5) items <br />must be found: <br /> <br />1) That the literal enforcement of the ordinance would cause undue <br />(unnecessary, unavoidable, extreme) hardship. <br /> <br />2) <br /> <br />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 /> <br />3) <br /> <br />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 /> <br />4) The special conditions and circumstances are not a consequence <br />of the petitioner's own action or inaction. <br /> <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 ofthe Ordinance. <br /> <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 />1undquis.troy <br />