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If the Planning Commission agrees with the applicant that dynamic display signs <br />utilizing multiple colors should be permitted in non -business districts, Staff recommends <br />that the Ordinance be amended, rather than a Variance approved for a single property. <br />Analysis <br />A Variance may be granted only in the event that all of the following circumstances <br />existz (Staff's analysis in italics): <br />A. The variance is in harmony with the general purposes and intent of this Title. <br />The intent of Section 1008. 10, Subd 9(c)(2)(b) of the City Code is to permit the <br />use of Dynamic Display signs by schools, churches, places of worship or other <br />institutional uses, in non -business districts, only if the color amber is used. The <br />intent of only allowing the color amber is because it is a softer color than others, <br />and is less obtrusive to residents. Amber was considered by the City Council in <br />their adoption of Ordinance 864, amending Section 1008. 10, Subd 9 of the City <br />Code, and is discussed in the Oct. 24, 2011 City Council Minutes. <br />B. The variance is consistent with the Comprehensive Plan. <br />The request is inconsistent with the Comprehensive Plan; Chapter 3; Goals and <br />Policies (Residential); <br />Goal 1: "Preserve the identity and maintain and improve the quality and <br />appearance of existing neighborhoods." <br />Policy m: "Protect residential developments from adverse environmental <br />impacts, including noise, air, and visual pollution." <br />The use of non -amber colors by Dynamic Display signs in residential areas, <br />contributes to visual pollution, adversely impacting the enjoyment of residential <br />property. <br />C. The applicant proposes to use the property in a reasonable manner not <br />permitted by this Title or the City Code. <br />Section 1008, 10, Subd 9(c)(2)(b) of the City Code permits the use of a Dynamic <br />Display sign by churches in non -business districts through a Conditional Use <br />Permit, and prohibits the use of non -amber colors on the dynamic display. The <br />applicant's proposed use of non -amber colors is unreasonable because the sign <br />may function without the use of multiple colors. <br />D. Unique circumstances apply to the property which do not apply to other <br />2 City Code, Section 1125.02, Subd 2 <br />