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MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 899 - 09 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE OF 93 SQUARE FEET, FOR A TOTAL OF 193 SQUARE FEET, OF EXTERIOR WALL SIGNAGE FOR KENTUCKY FRIED CHICKEN (KFC), 2213 COUNTY HIGHWAY 10; PLANNING CASE NO. VR2009-001 WHEREAS, the applicant, Kentucky Fried Chicken (KFC), represented by Denman Wagstaff, has applied for a variance from the maximum wall -mounted signage allotment for their restaurant located at 2213 County Highway 10; and, WHEREAS, Section 1008.09 of the Sign Code indicates that the maximum wall - mounted signage for a commercial building is 100 square feet per business occupant; and, WHEREAS, Kentucky Fried Chicken is requesting City approval to have an additional 93 square feet of signage above the allowed amount; and, WHEREAS, Section 1008.16 of the Sign Code indicates that variance requests be treated as any other variance request as articulated in Section 1125.02, Subdivision 2 of the Mounds View Zoning Code; and, WHEREAS, according to Section 1125.02, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following finding of facts related to this request: 1. The freestanding restaurant at 2213 County Highway 10 is in need of additional exterior wall -mounted signage on the building in order to have signage visible to County Highway 10. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that the City has approved similar variances in the past for reasonable sign variance requests. 3. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 4. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their business. Neither would such approval confer a special treatment as similar reasonable variances have been granted in the past.