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Agenda Number GA CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Planning Commission FROM: Rachel Leitz, Community Development Assistant SUBJECT: Carrell Properties, LLC — Lakeview Family Dental —Variance for side yard setback located at 14475 Forest Blvd. N. DATE: September 8, 2017 for the meeting on September 14, 2017 ZONING: Central Business (C-1) REVIEW DEADLINE: October 29, 2017 1. PLANNING COMMISSION UPDATE: At its September 14, 2017, meeting the Planning Commission held a public hearing and considered the variance request of Carrell Properties, LLC. Staff will provide the Council with a memo update prior to the City Council meeting. 2. DESCRIPTION OF REQUEST: Carrell Properties, LLC is requesting a variance to allow a five foot side yard setback, where City ordinance requires ten foot setbacks from all property lines, to construct a new monument sign on the property. The existing monument sign was approved and permitted in 1993 with a side yard setback of three feet. No variance was required at that time. The landscaping around the base of the existing sign encroaches onto the neighboring south property as well as the MnDOT right-of- way. The applicant is proposing to extend the setback to five feet and is proposing to reduce the non -conformity by accommodating all landscaping on their own property. 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance.