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0 � 5.3 The boulevard area that lies adjacent to the Lexington Avenue roadway near the intersection with Roma Avenue is approximately 20 feet in width. In order to meet the required setback from this property line, any ground/monument sign must be placed near the existing structure. Given the topography in this area and objects/structures currently in place (some non-conforming as well), there is limited visibility to properly view any signage on the site. 5.4 Staff has supported similar VARIANCES in the past. Two such approvals are along Lexington Avenue, both near Highway 36. Brentwood Town Office received their VARIANCE in 2002 and Kinderberry Hill Daycare received their VARIANCE in 2004. 5.5 The City Planner has determined that there is justification for granting two VARIANCES to § 1009.03M (Ground Sign) for Lexington Professional Building, 1790 Lexington Avenue, allowing a new freestanding ground/monument sign on the premises. 5.6 In Section 1013 the Code states .. Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter of the provisions of this code, the Variance Board shall have the power, in a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done. 5.7 State Statute 462.357, subd. 6(2) provides authority for the city to "hear requests for variances from the literal provisio�s of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance....The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect". 5.8 The property in question cannot be put to a reasonable use if used under conditions allowed bv the official controls: The existing sign on the premises is located within the Lexington Avenue right-of-way and would not be allowed to be replaced or modified without meeting current City Code requirements. Meeting the required 15 foot setback from the property line adjacent to Lexington Avenue would place the sign next to the building and be difficult to view traveling both north and south along Lexington Avenue due to existing trees, topography and structures. Similar situations along Lexington Avenue have afforded property owners the VARIANCES necessary to support a PF07-008_RVBA_020707 - Page 3 of 5