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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 dificulties or unusual hardships in the way of carrying out the strict letter ofthe provisions ofthis 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 thereofand may impose such additional conditions as it considers necessary so that the public health, safty, and general welfare may be secured and substantial justice done. 5.7 State Statute 462.357, subd. 6 (2) provides authority Dr the city to "hear requests Dr variances from the literal provisions of the ordinance in instances vdlere their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only w.en it is demonstrated that such actions will be in keeping with the spirit and intent ofthe ordinance. "Undue hardship" as used in connection with the granting ofa variance means the property in question cannot be put to a reasonable use ifused under conditions allowed by the official controls, the plight ofthe 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 ofthe 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 Tlte property in question cannot be put to a reasonable use if used under conditions allowed by tlte 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 Avenue 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 put to a reasonable and practical use under the oficial controls, if the two variances are granted. 5.9 Tlte pligltt of tlte landowner is due to circumstances unique to tlte property not created by tlte landowner: The Press Gym has virtually no visibility from Snelling and limited visibility from Oakcrest Avenue since the construction of the Sunrise Assisted Living facility and the installation of a privacy fence along the north property line adjacent to the west parking lot. These unique circumstances make it difficult to direct potential members to the Press Gym as well as provide business identification. The Community Development Staff has determined that the plight of the landowner is due to circumstances unique to the property not created by the landoWler (structure placement prior to code, new Sunrise building location, screening and topographic issues). 5.10 Tlte variance, if granted, will not alter tlte essential cltaracter of tlte locality: The installation of a second sign at or near the front yard property line of the Sunrise Assisted Living facility will not be out of character of a other similar properties such as churches and schools, which have multiple PF3502 - RPCA 080603 - Page 3 of 4