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Mounds View Planning Commission April 7, 1999 4110 Regular Meeting Page 5 Chair Peterson opened the public hearing at 7:18 p.m. Hearing no public input, Chair Peterson closed the public hearing at 7:18 p.m. Chair Peterson stated it appears there is unanimous consent among the members to direct staff to prepare a resolution approving Planning Case No. 550-99, 5302 Raymond Avenue, for a reduced side yard setback variance to allow for the construction of living space up to five feet of the side property line. 6. Planning Case No. 549-99 [Public Meeting] Properties Involved: 2791 Highway 10 Consideration of a Variance Request to Install a 16-Foot Tall, 48 Square-Foot Advertising Sign on Their Property Facing Highway 10 Applicant: KinderCare (Jones Sign Company, Inc.) • Planning Associate Ericson gave the staff report as follows: The applicant, Jones Sign Company, Inc., representing the KinderCare Learning Center, is requesting a variance from the Sign Code to allow for the installation of a pylon advertising sign at KinderCare located at 2791 Highway 10. This property, even though it supports a commercial use, is zoned R-3, medium-density residential. The basis for this zoning is that day care facilities such as KinderCare were not originally allowed in commercial districts. This restriction was eliminated with the passing of Ordinance 595 in 1997, which allowed as conditional uses day care facilities in all commercial and industrial zoning districts. Were the property zoned commercial, it could have up to 100 square feet of combined permanent signage. The current proposal would add a 16-foot tall, 48 square-foot pylon sign to the existing 36 square-foot wall sign. Together the amount of signagc would be below the maximum allowed 100 square feet. Ericson stated if the property were zoned appropriately for a day care, they would be allowed to have signage in the amount being requested. This is the basis for staffs determination that a hardship exists. He read each of the seven criteria established for consideration of a variance and staffs analysis of each criteria. He noted that a variance may only be granted in those cases where the Code imposes undue hardship or practical difficulties to the property owner. Ericson indicated that a hardship clearly exists in this case. He advised that staff sent out public hearing notices to all properties within 350 feet of the KinderCare property. Of the 19 properties affected, only 12 are developed residentially. All of the others are developed commercially with 411 the exception of Church on the Rock and a vacant parcel on the south side of Highway 10. Staff has received a call from Western Bank indicated they do not support the variance request.