1999 Planning Commission Packets

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, .;. Planning Commission Resoiution 575-99 KinderCare 'Variance Apri17, 1999 Page 2. WHEREAS, special conditians or circumstances r% rao8 result from the actions of the appticant in thag the City Code was amended in 1997 to conditionally allow for the operation of day care centers within a business district. The �act that the subject property is zoned residential ,�revents the business from displaying adveriising signage as any �iher cammercially zoned business can; and, WII.EREAS, granting the variance requested would not confer on the applicant a special privilege that is denied by this Title to owners or other lands, structures ar buildi�gs in the same district an that ih applicant is a business distinctly commercial in nature. It is located along Highway 10, the City's primary commercial corridor. it is a commercial operation that operates under an appraved canditional use permit. No other typ�s of commercial uses are aliowed wiihin a residential district, and as such, KinderCare would not be receiving preferential or special treatment denied to others in this district; and, �]��REAS, the variance requested is the minimum variance wi�ich would alleviate the hardship, in �hat ihe addition of one permanent, freestanding pylon sign is the minirr►um variance to alleviate tl�e hardship; and, WHEREA�, the variance woulrl not b� materially detrimental to the purpose of this Title or to other properties in the same zane in that it is expected that a commercia.l business such as �>� KinderCare would be permitted a permanent sign similar to other businesses along Highway 10. The intent of this Code provision is to prevent the intrusion of commercial signage witl�in residential districts. This property is surrounded on all sides by streets, fronts Highway 14, the City's primary cammercial corridor, and is surrounded by other commercial uses including Western Bank, Amoco Gas, and the Holiday Stationstore. The proposed sign would be adjacent to Highway 10; and, WHEREAS, the variance woa�ld not impair an adequate supply of lighi and air to adjacent property or substantially increase the co�gestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property vaiues within the , neighborhood in ihat the construction of a freestanding sign could not conceivably impair the supply of light and air to adjacent properties or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NO'V�, THEREFORE, BE IT RE50LVED, that the Mounds �Iiev� Planning Commission, acting as the Board of Adjustment and Appeals, approves the variance to allow a permanent, freestanding pylon sign for KinderCare, located at 27g l Highway 10. �OW, TI�EEREFpRE, BE IT FUIZT�IER RE�OL`VLD, that the dimensional speci�ications attribuied to this appraved perma�ent, freestanding pyion sign shall adhere to the requirements listed in Section 100�.0�, Subd 2g, of the Sign Code. A.dopted this 7th day of April, 1999, � _.: _ ,