06-21-2006 - Laserfiche WebLink

Home Browse Search

Clear Channel IUP Report June 21, 2006 Page 4 (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Access to the billboards will be gained via the Mermaid’s parking lot. Variance Considerations: For a variance request to be approved, 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 Mounds View) 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. Clear Channel is requesting a variance from the 35 foot height requirement to permit the billboard be constructed at a height of 45 feet. The basis for their request is to avoid visibility conflicts with the Mermaid’s ground sign and the Abbey Carpet building signage. In the eyes of the outdoor advertising industry, visibility is everything and the lack thereof presents a hardship. (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 Code would not, in and of itself, deprive the applicant of rights commonly enjoyed by other properties. The ordinance was adopted after specific discussion concerning this very issue, in that the City Council expressed a desire to limit the height of billboards on County Road 10, differentiating it from US 10, 35W and Old Highway 8. (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. The applicant only desires to preserve visibility to the existing ground and building signage while at the same time eliminate any visibility conflicts with the billboard. (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.