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City Council :Minutes July 16, 2007 Page 11 . Mayor Klinzing questioned if all the variance criteria must be met. Mr. Barnhart stated it would be very challenging to approve any variance based on the strict view of all the criteria. Mr. Beck stated it is difficult to follow state statute to its literal interpretation and the courts have been more liberal with this statute. He stated he sees no legal issues as long as the proposed use is reasonable and does not adversely impact adjacent property owners. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO GRANT VARIANCE CASE NO., V 07-05 BASED ON THE FOLLOWING CRITERIA: 1. THE USE THAT IS PROPOSED IS REASONABLE. 2. THE REQUEST WOULD 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. 3. IT WOULD CAUSE UNDUE HARDSHIP AS THE APPLICANT'S SIGN HAS VISIBILITY ISSUES. MOTION CARRIED 5-0. . 6.11. Request by William Divine for Conditional Use Permit for Snap Fitness (Landmark Plaza). Case No. CU 07-16. Public Heamw Mr. Barnhart presented the staff report dated July 16, 2007. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-16 AS ILLUSTRATED ON DRAWINGS DATED MAY 9,2007, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 3. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 4. PRIOR TO OPENING, THE SITE SHALL BE INSPECTED BY THE CITY'S BUILDING OFFICIAL. 5. EACH SIGN SHALL REQUIRE A PERMIT. MOTION CARRIED 5-0. 6.12. Request by Randy Thue for Conditional Use Permit. CD 07-20. Public Heamw . Ms. Cartney presented the staff report.