4.1. BASR 06-10-2008 - Laserfiche WebLink

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Case File: V 08-06 Page 3 Elk River Ford Area Identification sign variance 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. The property has accesses off of 171" and 173`d. These two entrances are not visible to each other. Based on through streets, and traffic signals, the primary access is off 171'. The applicant has not demonstrated sufficient hardship necessary to support an additional sign for the property. 3. The special conditions and circumstances are not a consequence of the petitioners own action or inaction. There is no special conditions identified that suggest a variance is warranted. 4. The literal application of the provisions of this ordinance would deprive the petitioner of rights enoyed by other properties in the same district under the terms of this ordinance. The literal application of the ordinance allows an area identification sign. The area, not defined by the ordinance, is identified by the applicant as this lot. The property has received a variance for an additional (Message) sign. All variances, approved or denied, establish precedent in the application of the City's ordinances. Should the Council or Board of Adjustments feel the signage proposed is consistent with the City's image goals, it is suggested that an ordinance amendment be pursued. 5. The variance will not be injurious to or adverseIy _,Meet the health safety or we are of the residents of the Y or the neighborhood where the property is located and Y411 be in keeping with spirit and intent of the ordinance. As the signs are not visible from a single vantage point, it has not been demonstrated that the signage will be injurious or adversely affect the health, safety, or welfare of the residents of the City. Analysis As noted in the review of the variance criteria, the required criteria necessary for safely approving a variance do not appear to be satisfied; however, it is acknowledged that the sign itself will not likely negatively impact the property, neighborhood, or the City. S:\PLANNING MAIN\Case Files\Variance\V 08-06 Scott Powell\BOA staff report Powell 6-10-08.doc