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freestanding signs were allowed within the setback due to the fact that the <br />non - conformity was created by the State, not by the applicant. <br />e. A genuine hardship exists in complying with the literal terms of this Ordinance. <br />Without the variance, the applicant would have to continue utilizing a short <br />driveway backing directly onto a public street. Given the possible increase <br />in traffic due to the neighboring plat proposal (even though slight), correcting <br />this condition would be beneficial to the area. <br />In summary, we recommend approval of the setback variance in this location. Since the <br />improvement makes a safer access onto the public street in this location, and since the <br />City's action in acquiring the right of way caused the problem with complying with the <br />setback originally, we believe that the criteria listed in the Zoning Ordinance for variances <br />are met, and that a finding of hardship can be made. <br />pc: Kathy Glanzer <br />Greg Schmidt <br />Scott Tangen <br />David Farley <br />3 <br />Page 6 <br />