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<br /> <br />Clear Channel IUP Report <br />July 5, 2006 <br />Page 5 <br /> <br />(5) That the variance requested is the minimum variance which would alleviate the <br />hardship. Economic conditions alone shall not be considered a hardship. <br /> <br />The requested variance is the minimum necessary to alleviate the hardship. <br /> <br />(6) The variance would not be materially detrimental to the purpose of this Title or to other <br />property in the same zone. <br /> <br />It does not appear that, given the circumstances, the requested variance would be <br />detrimental to the Code or to other properties in the PUD district. <br /> <br />(7) The proposed variance will not impair an adequate supply of light and air to adjacent <br />property or substantially increase the congestion of the public streets or increase the danger <br />of fire or endanger the public safety or substantially diminish or impair property values within <br />the neighborhood. <br /> <br />The proposed variance would not result in any of the above-cited adverse effects. <br /> <br />Based on the review of the hardship criteria, it appears to staff that a case could be made for <br />hardship. Clear Channel has clearly not caused the situation which necessitates the <br />additional ten foot reduction in setback; they were asked to vacate their prime locations at <br />the former golf course to make way for a new development and were provided limited <br />opportunities within the City in which to relocate. The City needs to make a good faith effort <br />to assist in the relocation yet a balance must be struck between what is considered a good <br />faith effort and what is considered overly accommodating. <br /> <br /> <br />Public Notice: <br /> <br />Staff sent notices to property owners within 350 feet of the Mermaid property and published <br />a copy of the notice in the June 21, 2006 edition of the Bulletin. No residents or property <br />owners have contacted staff regarding the request. <br /> <br /> <br />Summary: <br /> <br />With the exception of the setback issue necessitating the variance, the requested Interim <br />Use Permit appears to satisfy all Code requirements and would not appear to cause any <br />appreciable adverse impacts to the area in which the billboard would be located. This site <br />has been identified by the City Council as a potential location for a billboard. <br />