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<br />2. A variance from the terms of this Ordinance shall not be granted unless it can be <br />demonstrated that: <br />a. Special conditions and circumstances exist which are peculiar to the land, <br />structure, or building involved. <br />(1) Special conditions may include exceptional topographic or water conditions <br />or, in the case of an existing lot or parcel of record, narrowness, shallowness, <br />insufficient area or shape of the property. <br />(2) Special conditions and circumstances may not be primarily economic in <br />nature. <br />b. Literal interpretation of the provisions of this Ordinance would deprive the <br />applicant of rights commonly enjoyed by other properties in the same district <br />under the terms of this Ordinance. <br />c. The special conditions and circumstances do not result from the actions of the <br />applicant. <br />d. Granting the variance requested will not confer on the applicant any special <br />privilege that is denied by this Ordinance to other lands, structures, or buildings <br />in the same district. <br />e. Practical difficulties exist in complying with the literal terms of this Ordinance. <br /> <br />The City’s consideration in granting the variance requests is due to the uniqueness of the property <br />being surrounded by street frontage along with a complete redesign of the entire roadway system in the <br />area. In review of the factors outlined in C.1, Staff does not find that the proposed actions will <br />negatively impact conditions A-E. In conditions C.2.A through E, these factors define the practical <br />difficulties threshold that must be met for granting a variance. State statute specifically sets forth that <br />“practical difficulties” for granting a variance must meet the following standards: <br /> <br />• The property owner proposes to use the property in a reasonable manner not permitted by the <br />zoning ordinance, <br />• The plight of the landowner is due to circumstances unique to the property not created by the <br />landowner, and <br />• The variance, if granted, will not alter the essential character of the locality. <br /> <br />The statute further reads that economic considerations alone shall not constitute practical difficulties, <br />and a variance shall only be permitted when they are in harmony with intent of ordinance and <br />consistent with comprehensive plan. <br /> <br />City staff agrees that the property will become very unique after the road reconstruction project is <br />complete, and none of which was created by the landowner. Access to the site is unique in that the <br />property will be immediately adjacent to and part of a round-a-bout. Southbound customers will need <br />to know there is a Caribou here and where they are going prior to entering the round-a-bout. It will not <br />be as clear how to access the site as it is currently. The round-a-bouts are mounded approximately five <br />feet higher than Caribou’s parking lot, with another one to two feet of grasses or snow on top of that, <br />so the visibility of this site for southbound traffic may be reduced. Lastly in support of the proposed <br />requests, City Staff does find that the increased signage is a reasonable use in this commercial district <br />and on this parcel. All of these are considerations when determining a “finding of fact” for granting a <br />variance. <br /> <br />The proposed signage is consistent with the City’s Architectural Guidelines and is in character with the <br />building size and design.