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Clear Channel IUP Report July 5, 2006 Page 4 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 15 foot setback requirement to allow the billboard be constructed at a setback of five (5) feet. The basis for their request is due to the presence of a stormwater management pond at this corner of the property which was installed with very little setback to the right of way. The billboard column would be located 30 feet from Program Avenue and 15 feet from Woodale Drive. (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 relocation agreement however indicates that the City could potentially make concessions to allow billboards to be relocated within the community. Because of the presence of the pond, the billboard cannot be setback any further from the property lines. (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 has been asked to remove four billboards from the former golf course property and the Building “A” site is one of the sites identified by the City which could potentially support a relocated 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. By virtue of the applicant’s leases at the former golf course site and the agreement with the City to relocate four of these billboards elsewhere in the City and the presence of the pond adjacent to the right of way, the applicant would assert that the situation is already quite unique and thus a variance would not confer upon them any special privilege denied to others.