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• 5.8 The existing pylon sign at the Dale Street location appear to be set back about 3 feet from the Dale Street and County Road B rights-of-way, and the proposed pylon sign would be set back about 5 from the ROW along both streets. 5.9 The existing pylon sign at the Dale Street location is situated within a storm sewer easement, and proposed location of the new sign remains within this easement. The City Engineer and Director of Public Works have reviewed the proposal with the City Planner and have no strenuous objection to the proposed sign location, but they would like to wark with the applicant to ensure that the sign is not erected too near the actual sewer pipe. 5.10 The City Planner has visited both of the sites and has determined that signs placed in locations that comply with the setback requirements set forth in the Code would not be visible from the adjacent roadways. 5.11 The variance proposed herein, if granted, will not adversely affect the public health, safety, or general welfare if approved with conditions. These conditions are laid out in Section 6 of this report. 5.12 Section 1013 of the Roseville City 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." • 5.13 State Statute 462.357, subd. 6(2) provides authority for the city to "hear requests for variances from the literal provisions 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 of�icial 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". PF3783_RVBA_080206 Page 3 of 5