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4.0 PROJECT SPECIFICS: 4.1 Tom Metz has requested consideration of a variance to allow the replacement of an existing 4 foot by 16 foot ground sign with a new 4 foot by 12 foot ground sign in a similar location as the current sign. However, said sign is located partially in the County Road B right-of-way. Hence, the request is to allow the sign to be placed at the property line. 4.2 The sign represents the identification of Midland Grove Condominiums (MGC), a 174 unit complex that is located north of County Road B; directly east of Cleveland Road; and southeast of the on ramp to Trunk Highway 36. Midland Grove Condo's is tucked back from the main thoroughfare and any sign placed on the premises faces visibility and placement challenges. 4.3 The entrance to MGC is a private road that extends some 250 feet north from County Road B before it meets the MGC property line. There are many mature trees and elevation changes along the private drive and adjacent properties. 4.4 Section 1009.03M requires ground signs to be set back Yz the distance of a pylon sign or 15 feet from a property line. 5.0 STAFF FINDINGS: 5.1 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. 5.2 Under 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" PF3436 - ReA 111802 - Page 2 of 4