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Lakeview Family Dental Variance <br />Page 2 <br />4. ANALYSIS: <br />A. Surrounding Land Use and Zoning <br />The surrounding properties are zoned Central Business (C-1) and classified as Mixed Use (MIX) <br />in the Land Use Plan. The properties are occupied by commercial businesses on a variety of sizes <br />of properties. <br />B. Setback Variance <br />The City Code requires a ten foot setback from all property lines for single tenant monument signs. <br />The applicant is proposing a side yard setback of five feet. <br />5. VARIANCE STANDARDS: <br />The Council must review the requested variances with the standards outlined in Section 90-38 of <br />the land use regulations. Staff used these standards to review the variance request and finds the <br />following: <br />(1) Law. The variance as requested is permissible by law. <br />The proposed variance is permissible by law. <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the zoning regulations. The term "Practical <br />Difficulties" as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and; <br />The applicant is requesting to construct a new monument sign located on the southwest <br />corner of the property, adjacent to TH 61. <br />The applicant is requesting to use the property in a reasonable manner. <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique <br />to the property not created by the landowner and; <br />The required setbacks for single tenant monument signs are set to lessen the visual impact <br />to adjacent property owners, allow adequate spacing to view business signage, and to <br />accommodate for a three foot landscaped area around the sign. The property is unique <br />because of the existing site layout. The distance between the existing driveway and the <br />south property line makes meeting the required setback difficult, especially to ensure the <br />property owners are not to impacting sight lines from the driveway onto TH 61. The <br />property owners are also reducing the non -conformity by increasing the setback and by <br />accommodating all landscaping on their own property, where currently, it encroaches <br />onto the MnDOT right -of way and the neighboring property to the south. <br />2 <br />