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Variance Request by Universal Signs <br />January 16, 1995 <br /> <br />Freeport Street and Highway 169, it is allowed two wall signs. <br />sites in Elk Park Center are also allowed one monument sign. <br /> <br />Page 2 <br /> <br />Freestanding <br /> <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. Taco Bell has removed the <br />third sign and is now in compliance with the City Sign Ordinance. <br /> <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 /> <br />Variance <br /> <br />Staff refers the City Council to Section 900.40 of the Elk River City Ordinance <br />for the five standards to consider when reviewing a variance request. Staff could <br />find no circumstance which makes Video Update's situation different from any of <br />its neighbors in Elk Park Center and no special circumstances which would <br />require any more signage. <br /> <br />Planning CommissionRecommendation <br /> <br />At its December 19, 1995 meeting, the Planning Commission concurred with <br />staff and found that this request does not meet the five standards required to <br />grant a variance. Therefore, the Planning Commission recommend denial of the <br />variance to exceed the maximum number of wall signs on a freestanding site in <br />Elk Park Center. <br /> <br />Recommendation <br /> <br />Staff and the Planning Commission recommend denial of the variance to exceed <br />the maximum number of wall signs on a freestanding site in Elk Park Center <br />based on the following findings: <br /> <br />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 /> <br />2. There are no special conditions such as topography, visibility or <br /> circumstances which are peculiar to this business or this site. <br /> <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 /> <br />S:\PLANNING\KENDRA\V95-13.DOC <br /> <br /> <br />