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Last modified
5/28/2014 1:15:01 PM
Creation date
7/3/2013 11:41:07 AM
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Planning Files
Planning Files - Planning File #
3801
Planning Files - Type
Variance
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5.5 The City Planner has determined that there is justification for granting a VARIANCE to <br />§ 1009.04B (Institutional Uses) for Corpus Christi Church, 2131 Fairview Avenue, <br />allowing a second nameplate sign on the premises. <br />5.6 In Section 1013 the Code states ..... Where there are practical difficulties or unusual <br />hardships in the way of carrying out the strict letter of the provisions of this code, <br />the Variance Board shall have the power, in a specific case and after notice and <br />public hearings, to vary any such provision in harmony with the general purpose <br />and intent thereof and may impose such additional conditions as it considers <br />necessary so that the public health, safety, and general welfare may be secured and <br />substantial justice done. <br />5.7 State Statute 462.357, subd. 6(2) provides authority for the city to "hear requests <br />for variances from the literal provisions of the ordinance in instances where their <br />strict enforcement would cause undue hardship because of circumstances unique to <br />the individual property under consideration, and to grant such variances only when <br />it is demonstrated that such actions will be in keeping with the spirit and intent of <br />the ordinance. "Undue hardship" as used in connection with the granting of a <br />variance means the property in question cannot be put to a reasonable use if used <br />under conditions allowed by the official controls, the plight of the landowner is due <br />to circumstances unique to the property not created by the landowner, and the <br />variance, if granted, will not alter the essential character of the locality. Economic <br />considerations alone shall not constitute an undue hardship if reasonable use for the <br />property ezists under the terms of the ordinance....The board or governing body as <br />the case may be may impose conditions in the granting of variances to insure <br />compliance and to protect". <br />5.8 The property in question cannot be put to a reasonable use if used under conditions <br />allowed by the official controls: Current requirements as interpreted by the City <br />planner conclude that only one freestanding monument/ground sign is permitted on <br />church properties. In the case of Corpus Christi Church, they have two access points into <br />the site, one adjacent to County Road B, which has a sign and the other along Fairview <br />Avenue, which does not have a sign. To assist visitors with locating the Fairview access <br />an additional sign ......... The City Planner has determined that the property can be <br />put to a reasonable use under the official controls if a VARIANCE to Section <br />§1009.04B is granted. <br />5.9 The plight of the landowner is due to circumstances unique to the nronertv not <br />created bv the landowner: The site in question is unique — large and having multiple <br />access points. Most business desire signage at their entrances and the City has recently <br />approve a number of VARIANCES in support of such signage. The Staff has <br />determined that the plight of the landowner is due to circumstances unique to the <br />property not created by the landowner. <br />PF3801_RVBA_120606.doc - Page 3 of4 <br />
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