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reduced height. The applicant is requesting a variance to construct the scoreboard at eighteen feet rather than fifteen feet. D. Landscaping—Meets Requirements The applicant is not proposing to remove any vegetation on the site. 2. Sign Code Regulations The Sign Code allows permanent signage to be located on scoreboards, provided that it does not exceed 30 percent of the total scoreboard area if it is visible from adjacent property. The scoreboard is proposed to have approximately 48 square feet of permanent signage on it, approximately 25 percent of the scoreboard face. 3. Conditional Use Permit Amendment Criteria—Section 1355.04 Subd 3 Section 1355.04 Subd 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit Amendments. When evaluating conditional use permits, the Planning Commission and City Council should consider the effect of the proposed use upon the health, safety,convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution,heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; 6. Park dedications where applicable; and the 7. Orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. 4. Variance Evaluation Criteria On May 5, 2011, the Governor signed into law new variance legislation that changed the review criteria City's must use when evaluating variance requests. The new law renames the municipal variance standard from "undue hardship" to "practical difficulties," but otherwise retains the familiar three-factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. Also included is a sentence new to city variance authority that was already in the county statutes: "Variances shall only be permitted when they are in harmony with the City of Arden Hills Planning Commission Meeting for September 7,2011 PAPIanning0anning Cases\201 1\1 1-020-MVHS-CUP Amendment(Pending)\09-07-11-PC Report-MVHS CUP Amendment.doc Page 3 of 6