1999 Planning Commission Packets

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' .j.=. !:::. � � >' : �:: . ;: . ..� .... � - �: :: ... �,_ ::: .; .. �� -��:; �i :�: :. .. .-.- . .,:: .` . .;;. ,...;�� :,. .:. ........ ....:;�� .?: .: ., . . . ::�� ::: , :. _ -r� � ' � .'; ..: . :,: � .:.. -::�:-: ....,, . . : .-��. - .,..:, .--: .;. _; '. . ,-:._ . .,._._ � I` KinderCa.re `Tariance Plar�r�ing Case 549�-99 March 30, 1999 Page 2 A��lysis: �'or the Planning Commission to grant a variance, it must examine ihe criteria established in Section 1125.02, 5ubdivision 2, of the City Code, which relates to hardships. Specificalty, a variance may only be granted in thase cases where the Code imposes undue hardship or practical difi°iculties to the property owner. The individual criteria, with responses, are as foilows: a, Excepiional or extraordinary circutnstcances apply to the proper�ty which does not apply generalty to other pr•ope�tres in the sa�ie zone oY vicinity and �esult fi�ofn lot size or shape, topography or� other circumstances over which the owners of the p�ope�ty since the effective date hereof have had no control. The circumstance which can be construed as extraordinary relating to this request is the fact that the property is zoned R-3, medium density residential, which effectively does not allaw any business signage whatsoever. To prohibi� a commercial business fronting Highway 10 from displaying a sign would be a considerable hardship. , b. The literal interpretation of the provisions of this Title would deprive the appliccrnt of rights comrraonly enjoyed by other p�ope�Pies an the same drstrict under the terms af this __ Title. `-� ; ;=:i All businesses located in a commercial district, and any day care located within a comsnerciat district, would be allowed a minimum of 100 square feet of signage. Granting of this variance would provide the day care center the same righis commonly enjoyed by other businesses. c. That the special conditions or� circumstcrnces do not Yesult f�om the actions of the apylicant. The City Code was amended in 1997 which allo�vvs day care centers to operate within a business district. The fact that the subject property is zoned resident'tal prevents the business from displaying advertising signage as any other commercially zoned business would. This circums�ance is not a result o�the applicant's own doing. d. Thcrt granting the va�iance �equested wiZl not confer on the applicant any s�ecial pravilege that is denred by this Title to owneYS of other lands, stYUCtures o�- buildings in the same drstrict. ihis business-aa day care facility��is distinctly commercial in nature. It is located along I�ighway 10, the City's primary commerciai corridor. It is a commercial aperatron that operates under an approved condiYional use perrr�t. No other types of commercial uses are allowed within a residential district a�d as such, KinderCare would not be receiving preferential or specia[ t�eatmenY denied to others in this district. � � -. ,..