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KFC Sign Variance Report March 4, 2009 Page 3 3. That the special conditions or circumstances do not result from the actions of the applicant. The special conditions do not result from the actions of the applicant. However, the actions of the owner's contractor did result in the placement of the signs on the building before City approval. 4. That granting the variance requested would 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. Granting the variance would not conferupon the property ownera 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 the City has granted similar reasonable variances in the past. 5. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. Allowing for an additional 93 square feet of sign area would be the minimum the applicant needs to keep the existing signs on the building. 6. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting a variance to allow an additional 93 square feet over the allowed amount of building mounted signage for a business with multiple visible elevations would not be materially detrimental to the purpose and intent of the building code. There have been no objections raised up to this point from any of the adjoining property owners. Given the building's size, the additional 93 square feet sign of sign area does not appear excessive. 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. The requested variance would not result in any of the above-cited adverse effects. Deadline for Action: The City accepted this application on February 9, 2009 and in accordance with MN Statutes §15.99, the City must make a decision about this request within 60 days of the City accepting the application. The deadline for action on this request is April 8, 2009. Summary: City staff sent notices to all property owners within 350 feet of 2213 County Highway 10. Staff has not received any comments to date.