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5.3 In May/June of 2003, the City Planner requested the City Attorney review the sign code to determine whether off site signage would be permissible and if so, would it be permissible on the Sunrise parcel. The Attorney concluded through a review of the Code and the Sunrise PUD Agreement that a variance was necessary to support a second sign on the Sunrise parcel. 5.4 Mr. Stock has indicated in his narrative that the Press Gym is highly reliant on drive-by visibility for survival and that the Sunrise facility and a privacy fence along the north property line adjacent the west parking lot obstructs visibility completely from Snelling A venue and limits visibility from Oakcrest Avenue. 5.5 After exhausting a number of options, Mr. Stock sought the support of Sunrise Assisted Living to allow the installation of a sign in the front yard adjacent to Snelling A venue, for which they have provided a letter of support. 5.6 Section 1013.02 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 city council 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 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 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 by the official controls: The Press Gym site could place signage on the facility and install a sign in the front, side or rear yard. However, these signs would not be visible from Snelling A venue and have limited visibility from Oakcrest Avenue and County Road C. The allowance of a sign at or near the front property line of the Sunrise parcel is a reasonable and practical solution to a unique situation. Community Development Staff has determined that the property can be made more usable and PF3502 - ReA 081803 - Page 3 of 5