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Resolution 846-06 Page 2 3. The special conditions or circumstances do not result from the actions of the Applicant which is attempting to relocate a billboard consistent with the terms of the approved relocation agreement. 4. Granting the variance would not confer upon the Applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district, in that the Applicant is uniquely affected by Ordinance 769 and the Relocation Agreement. 5. The variance requested is the minimum variance which would alleviate the hardship which has been graphically illustrated by the Applicant. 6. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. 7. The proposed variance will 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above finding of fact, testimony provided at the public hearing and in consideration of the staff report, the Mounds View Planning Commission does hereby approve the requested variance for a five foot property line setback for a billboard to be located at 5201 Program Avenue consistent with the Zoning Code and Ordinance 769, with conditions as follows: 1. The Applicant shall secure an Interim Use Permit (IUP) for the proposed billboard. 2. The Applicant shall have completed the construction of the billboard by July 4, 2007 or the variance shall be considered null and void, unless a petition for extension of time in which to complete the work has been granted by the Planning Commission. Such extension shall be requested in writing and filed with the City Clerk-Administrator at least thirty (30) days before the expiration of the original variance or appeal. Adopted this 5th day of July, 2006. ATTEST (SEAL) . � �c "`�i Gary Steven�on, Chairperson � �� , � � �}�`' b l,� �V C �'��.�_-.�,"G � James Ericson Community Development Director