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J. To allow variation from the provisions of this Ordinance including setbacks, <br /> height, lot area, width and depth, yards, etc. <br /> <br /> Consideration of whether a project is consistent with these objectives is based on <br /> a case-by-case judgment by City officials. The applicant has suggested that the <br /> center's unique siting and visibility issues have resulted in long term difficulties in <br /> maintaining tenants and keeping the retail spaces full. He has stated that the <br /> additional signage proposed for the freestanding structure along Rice Street will <br /> help provide individual tenant identification and resolve at least some of the <br /> visibility issues he currently faces. <br /> Moreover, the applicant had suggested that upgrades to the color scheme will be <br /> more consistent with the City's Architectural Guidelines by minimizing back- <br /> lighted white space on the sign. These conditions, according to the applicant's <br /> request, are intended to justify the large sign area. <br /> As noted, the City has a great degree of discretion in considering such PUD <br /> amendments. The zoning regulations are considered to be a guide in these <br /> applications, and may be applied or considered guidelines. The current sign <br /> greatly exceeds the individual sign area regulations, although it is consistent with <br /> the total amount of freestanding sign area allowed by the code. As also noted, <br /> the shopping center has additional allowable wall signage under the language of <br /> the regulations -the issue relates to the code language relating specifically to <br /> freestanding signs. <br /> SURAMARY <br /> The Marketplace sign is already much larger than any other freestanding signs in the <br /> Rice Street corridor. Expanding the sign beyond its current 400 square feet is proposed <br /> by the applicant to be justified by tenant needs and design changes proposed to the <br /> sign itself. Because this is a PUD application, not a variance, the City has discretion to <br /> consider the amendment without concern over hardship tests that come up in variance <br /> applications. Due to the policy nature of this decision, planning staff has not made a <br /> specific recommendation on this application. <br /> pc: Kathy Glanzer <br /> Steve Westerhaus <br /> Robert Grootwassink <br /> 6440 Flying Cloud Drive, Suite 203, Eden Prairie, MN 55344 <br /> 8 3 <br /> <br />