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5.4 In 2002 and 2003, approved variances B-Dale Club allowing a ground sign to bc placed one foot from Lexington Avenue and Dale Street for reasons. and adjacent 5.5 The City Planner has reviewed this situation and determined there is justification granting a VARIANCE to Section 1 009.03M of the Roseville Code. 5.6 In Section 1013 the 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. 5.7 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 ifused under conditions allowed by the official controls: Although a ground sign could be placed to meet the requircments of the City Code, the location needed (within the parking lot, obscuring the exit/entry view, or places in the fences play area) is not reasonable. The location selected does provide a setback from the parcel property line and will not obscure the view of those vehicles attempting to turn left from Grandview Avenue or Lovell Land. The Community Development Staff has determined that the property can be put to a reasonable use under the official controls if a VARIANCE is granted. PF3596 RVBA 090104 - Page 3 of5