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-9- <br /> • 1 construction would not further aggravate that encroachment defined as the <br /> 2 northwest corner of the existing service station building on said site. <br /> 3 <br /> 4 In granting these variances, the Planning Commission finds that: <br /> 5 <br /> 6 1 . The encroachment would be caused by the triangular dimensions of the site and <br /> 7 it is perceived the owner should be given full consideration to properly <br /> 8 develop this project within the confines of those difficult dimensions; <br /> 9 <br /> 10 2• Structural difference of the portion of the building considered to be within <br /> 11 the encroachment is vertical rather than horizontal ; <br /> 12 <br /> 13 3. This request would be compatible with the previously approved Kenzington and <br /> 14 Walker on Kenzie, as well as the upcoming senior rental project to be developed <br /> 15 by Arkell., in the surrounding area; <br /> 16 <br /> 17 4. It should be recognized that there is an alleged difficulty or hardship not <br /> 18 created by persons presently having an interest in the parcel of land but <br /> 19 rather by the City ordinance because the developers are attempting to improve <br /> 20 their property and to refuse their request to do so would impose an undue <br /> 21 hardship on them; <br /> 22 <br /> 23 5. By approving this request, the City would be eliminating excessive curb cuts <br /> 24 to Kenzie Terrace; and <br /> 25 <br /> • 26 6. No one appeared in opposition to the variances at the December 2nd Planning <br /> 27 Commission hearing . <br /> 28 <br /> 29 Motion carried unanimously. <br /> 30 <br /> 31 At 9:45 P.M. the Chair opened the hearing to consider the request from Kenneth <br /> 32 Johnson, 1925 Simpson, Roseville, for a variance to the City Sign Ordinance which <br /> 33 would allow him to erect on a 20 foot high pole the 55 foot square (_11 feet wide <br /> 34 by 5 feet high) sign he now has on his roof in front of the Hardees Restaurant, <br /> 35 4004 Silver Lake Road, he and his wife, Charlene, have operated for the past 17 <br /> 36 years. <br /> 37 <br /> 38 The Planning Commission had given the proposal a concept review the previous month <br /> 39 and had let Mr. Johnson know at that time there was very little chance he would be <br /> 40 permitted the pylon sign he had requested. <br /> 41 <br /> 42 The notice of the hearing had been published in the November 20th Bulletin and <br /> 43 sent to all property owners of record within 200 feet of the subject property. No <br /> 44 one present indicated failure to receive the notice or objected to its content. <br /> 45 Mr. Childs said the only call he had received had been from the Apache owners <br /> 46 whose only concern was that the sign be only monument type. <br /> 47 <br /> 48 Mr. and Mrs. Johnson were,.: present and Mr. Johnson continued to defend his per- <br /> 49 ceived right to be permitted the same type of signage the Amoco station just <br /> 50 south of him has to advertise food for sale, which the restaurant owner indicated <br /> 51 he viewed to be in direct competi-tion with him. Mr. Johnson said his perception <br /> 52 was that most of the monument signs throughout the City identified more service <br /> 53 type businesses like beauty shops, tire stores, etc. where customers are not <br /> 54 required to make spur of the moment decisions about stopping, as they are for his <br /> 55 restaurant. He said he understood the Rapid Oil Company not far from him had <br />