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