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Planning Commission Regular Meeting Minutes April 18, 1995 Page 12 1 Commissioner Faust reiterated that he did see a hardship in regards to public safety. Therefore 2 he believed condition#I to be satisfied. He indicated condition#2 was satisfied, as the request 3 for variance was not based on a desire to increase the income potential but rather to try to put the 4 property to the best use in context with the good of the entire community. Condition#3 was also 5 met, as this hardship was not created by the person, but by the city ordinance. This is a unique 6 and unusual situation. 7 Commissioner Gondorchin indicated the placement of the house will enhance the appearance of 8 the corner by making it more open. 9 Commissioner Franzese indicated she does not see that the City is recommending the granting of 10 the variance due to safety issues. She also stated the City is calling this a buildable lot. She 11 indicated she would be unable to vote due to the ordinance and the State Statutes. 12 Motion by Faust, second by Gondorchin to recommend Council approval of the front yard 13 variance of fifteen feet; the ordinance requires 30 feet, backyard variance'of twelve feet; the 14 ordinance requires 25 feet, and the lot area variance of 440 square feet; the ordinance requires 15 11,000 square feet, for 3111 Silver Lake Road, on the basis the diagram and footprint presented 16 by Mr. Beach be followed as he presented it here, as there is an undue hardship due to the 0 physical surrounding shape, topography, and conditions of the parcel, the proposed variance is 18 based not exclusively on the desire to increase the value or the income of the potential parcel but 19 would correct extraordinary circumstances that apply to other properties in the vicinity or zoning 20 district, the difficulty in this hardship is due to City Ordinance, in regards to public safety this 21 would represent the best use of the property placement of the house versus placing it on Silver 22 Lake Road, verification of the survey of the parcel, drainage issue of property addressed by the 23 City Engineer, and the property cleared of any remaining non-conforming structures. 24 Vote: Commissioners Faust, Gondorchin, Thompson, Bergstrom, Horst, and Makowske voted 25 yes. Commissioner Franzese voted naye. 26 Motion carried. 27 28 Chair Bergstrom urged Mr. Beach to attend the City Council.meeting on April 25, 1995 for the 29 final commitment of his variance request. 30 VI. MISCELLANEOUS. 31 Management Assistant Moore-Sykes indicated she had researched the issue of canopy signage 32 and it appeared that due to the right-of-way issue in the ordinance, canopy signs are allowed. 33 She indicated Chapter 14, Section 1400.12, Subd. 2 discusses commercial and limited business signs that are permissible. Gas stations, according to (2) and then(1) of the same notation, are *5 allowed one identification sign for each right-of-way frontage per commercial establishment and 36 no more than 2 square feet of surface area per lineal foot of business frontage up to a maximum