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of eighty-four and one half square feet (84.50).The existing pole sign is described as being a <br />legal non-conforming sign. It has been given this designation as “pole signs” are no longer <br />allowed in Sign District 4 (County Road E Frontage). Freestanding signs in Sign District 4 are <br />still permitted; however, they must be constructed as a monument type ground sign. <br />There is an existing cabinet area on the sign that measures thirty-five inches by sixty-three and <br />one eighth inches(35” x 63 1/8”)thatthe applicant intends to replace with a digital LED price <br />sign. The digital section of this cabinet would be approximately 15.35 square feetin size with <br />twenty-four (24) inch numbers to display the price. The remaining balance of the sign would <br />remain unchanged other than typical signage updates to the remaining cabinet sections. No other <br />portions of the sign would be digital in nature. <br />The applicant has submitted a description of the proposedchange in signage (Attachment A), <br />renderings of the sign face (Attachment B) and anaerial site plan of the property (Attachment <br />C). <br />Related Planning Cases <br />The property owner submitted a similar request in 2006, which was approved under the Site Plan <br />Review process, to add a twenty (20) square foot electronic message board. This particular off- <br />premise sign is currently used to market the auto repair shop just south of the subject property <br />that has no frontage onto County Road E. <br />VarianceEvaluation Criteria <br />On May 5, 2011, the Governor signed into law new variance legislation that changed the review <br />criteria citiesmust use when evaluating variance requests. The new law renames the municipal <br />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 intentof 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 />City of Arden Hills <br />City Council Meeting for September 9, 2013 <br />P:\Planning\Planning Cases\2013\PC 13-012 -Brausen_Shell Signage Variance <br />Page 2of 6 <br />