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KFC Sign Variance Report March 41 2009 Page 2 space at either end of the center.) The City also has approved sign variances for the Abbey Carpet building, Carmike Wynnsong Cinema and C.G. Hill & Sons for signage in excess of 100 square feet. The City allowed the. Mermaid, through its PUD, to have signage in excess of the City's requirements. Variance Considerations: For the City to approve a variance, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the Planning Commission, in this case) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The criteria are as follows: 1. Exceptional or extraordinary circumstances apply to the property which do 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. A variance for additional signage is unique among the spectrum of possible variances in that the Sign Code is not a part of the Zoning Code; rather it is a chapter within the building code. The building code, however, indicates that the City handle any requested deviations as the City would handle a deviation from the Zoning Code. The City Code limits the amount of exterior building mounted signage to 100 square feet per building occupant in industrial and other commercial districts, regardless of the building mass—its height and length. Some sign codes from other cities allow for greater sign area for multiple building fronts while others allow more based on wall area. Mounds View's code simply limits each building occupant to 100 square feet of sign area. The somewhat exceptional or extraordinary circumstances involving this property are the direction that the building is sitting on the property. While the building was placed on the lot so that the front (shorter side) is facing toward County Highway 10, the longer and more visible sides of the building are perpendicular to County Highway 10, rather than out toward the highway. The elevation of the lot above County Highway 10, along with the angle of County Highway 10, limits the amount of wall signage that one can see from a public street. 2. 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. The literal interpretation of the provisions of the Zoning Code would not necessarily deprive the applicant of rights enjoyed by other properties in the same zone, however denying the request would put the owners in an unfavorable position based upon the City's past practice of approving reasonable signage variances.