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KinderCare Variance Planning Case 549-99 March 30, 1999 • Page 2 Analysis: For the Planning Commission to grant a variance, it must examine the criteria established in Section 1125.02, Subdivision 2, of the City Code, which relates to hardships. Specifically, a variance may only be granted in those cases where the Code imposes undue hardship or practical difficulties to the property owner. The individual criteria, with responses, are as follows: a. Exceptional or extraordinary circumstances apply to the property which does not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property 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 allow any business signage whatsoever. To prohibit 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 applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. • All businesses located in a commercial district, and any day care located within a commercial district, would be allowed a minimum of 100 square feet of signage. Granting of this variance would provide the day care center the same rights commonly enjoyed by other businesses. c. That the special conditions or circumstances do not result from the actions of the applicant. The City Code was amended in 1997 which allows day care centers to operate-within-a business district. The fact that the subject property is zoned residential prevents the business from displaying advertising signage as any other commercially zoned business would. This circumstance is not a result of the applicant's own doing. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. This business--a day care facility--is 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 approved conditional use permit. No other types of commercial uses • are allowed within a residential district and as such, KinderCare would not be receiving preferential or special treatment denied to others in this district.