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Planning Commission Resolution 575-99 KinderCare Variance April 7, 1999 • Page 2 WHEREAS, special conditions or circumstances do not result from the actions of the applicant in that the City Code was amended in 1997 to conditionally allow for the operation of day care centers 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 can; and, WHEREAS, 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 or buildings in the same district in that th 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 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; and, WHEREAS, the variance requested is the minimum variance which would alleviate the hardship, in that the addition of one permanent, freestanding pylon sign is the minimum variance to alleviate the hardship; and, WHEREAS, the variance would not be materially detrimental to the purpose of this Title or to other properties in the same zone in that it is expected that a commercial 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 within residential districts. This property is surrounded on all sides by streets, fronts Highway 10, the City's primary commercial 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 would not impair an adequate supply of light and air to adjacent property 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 in that the constt uction of a fi eestauding sign-could-not coneeivahlyimpair--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. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission, acting as the Board of Adjustment and Appeals, approves the variance to allow a permanent, freestanding pylon sign for KinderCare, located at 2791 Highway 10. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the dimensional specifications attributed to this approved permanent, freestanding pylon sign shall adhere to the requirements listed in Section 1008.08, Subd 2g, of the Sign Code. • Adopted this 7th day of April, 1999.