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Lakeview Family Dental Variance <br />Page 3 <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 />c. Character ofNeiahborhood. The variance, ifgranted, will not alter the essential <br />character of the neighborhood. <br />Existing businesses in this area were constructed prior to the City's current ordinance for <br />monument sign setbacks and building setbacks and therefore, do not meet setback <br />requirements within the City ordinance. In addition, the applicant's existing monument <br />sign is three feet from the south property line. The variance, if granted, would not alter <br />the character of the area. <br />It is in staff's opinion that there are practical difficulties in complying with the ordinance. <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and <br />intent of this chapter and with the policies of the City's Comprehensive Plan. <br />The requested variance is keeping with the spirit and intent of the ordinance. The intent of the <br />ordinance is to allow adequate spacing between adjacent properties and a permanent structure, like <br />a monument sign. The applicant's existing monument sign has been located three feet from the <br />south side property line since construction. The existing landscaping around the monument sign <br />encroaches onto the neighboring property and the MnDOT right-of-way. The new sign would <br />accommodate for all associated landscaping to be within the applicant's property. <br />It is the staff's opinion that the proposed side yard setback would be keeping with the spirit and <br />intent of the ordinance. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />Construction of a single tenant monument sign is permitted within the City. <br />(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by this chapter. The variance shall be determined the minimum <br />necessary, considering the flood hazard, to afford relief, and the variance shall not be issued <br />within any designated regulatory floodway if any increase in flood levels during the base flood <br />discharge would result. <br />The proposed location of the monument sign is not located within a floodplain. <br />(6) Septic and Well Compliance. The sewage treatment system and water system of the subject <br />property is in compliance with city and state codes. <br />The property is served by municipal sewer and water. <br />3 <br />