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09-4-13-PC
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variance standard from “undue hardship” to “practical difficulties,” but otherwise retains the <br />familiar three-factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. Also <br />included is a sentence new to city variance authority that was already in the county statutes: <br />“Variances shall only be permitted when they are in harmony with the general purposes and <br />intent of the ordinance and when the terms of the variance are consistent with the comprehensive <br />plan.” <br />Therefore, in evaluating variance requests under the new law, in order to find a practical <br />difficulty, cities should adopt findings addressing the following questions: <br />Is the variance in harmony withthe purposes and intent of the ordinance? <br />Is the variance consistent withthe comprehensive plan? <br />Does the proposal put property to use in a reasonable manner? <br />Are there unique circumstancesto the property not created by the landowner? <br />Will the variance, if granted, alter the essential characterof the locality? <br />As was the case before the new legislation took effect, economic considerations alone cannot <br />constitute a practical difficulty. Furthermore, the new law clarifies that conditions may be <br />imposed on granting of variances if those conditions are directly related to and bear a rough <br />proportionality to the impact created by the variance. <br />Discussion <br />Digital price readers are becoming the industry standard for displaying the cost of petroleum <br />products. Signs, such as the one being proposed, will allow the property owner the ability to use <br />the latest technological advancements to their advantage to market theirproductsin an effective <br />and cost efficient way. Theyefficiencyallow the service station attendant more time to assist <br />customers inside the store. No longer would the attendant need to leave the station unattended to <br />change the sign to a different price. The ease of a digital system allows the attendant to change <br />the price via remote from inside the station without having to bare the weather conditions to <br />change the price manually. Safety of the station attendant and the security of the store are twoof <br />the greatest concerns of the owner. <br />The proposed sign shouldnot interfere with traffic along Highway51 or County Road E. <br />Customers should find a digital sign much clearer and easier to read,which inturn will allow <br />drivers to concentrate on safe driving. The sign has the technology in place to increase or <br />decrease the brightness settings for daylight andevening hours.The sign as proposed cannot <br />display other messages such as time & temperature, advertisements, and other similar messages. <br />Findings of Fact <br />Staff offers the following tenfindings of factfor review: <br />General Findings <br />1.The property is located in the B-2 Zoning District and within Sign District 4. <br />City of Arden Hills <br />Planning Commission Meeting for September 4, 2013 <br />P:\Planning\Planning Cases\2013\PC 13-012 -Brausen_Shell Signage Variance <br />Page 5of 8 <br />
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