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FILE#LA21-000035 <br /> May 17,2021 <br /> Page 4 of 6 <br /> structure. • <br /> Variance (78-1479) Changeable message sign. <br /> No more than 35 percent of the actual sign area of a permitted sign in a non-residential district <br /> shall be capable of displaying changing messages.The remainder of the sign area shall not have <br /> the capability to change messages even if not used. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health,safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 14,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: • <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> intent of the ordinance is to establish a comprehensive and balanced system of <br /> sign control that accommodates the need for a well-maintained, safe, and <br /> attractive community, and the need for effective communications, including <br /> business identification. The second free standing sign accommodates that <br /> goal, as does the additional canopy signs. The more than double sign area is <br /> not consistent with the intent of the ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The use of the property, and its <br /> inherent signage,is consistent with the Comprehensive Plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; There is two freestanding signs on the <br /> property, replacing and relocating one of them is reasonable. The number of <br /> canopy signs is reasonable, given that the sign area Is a modest increase over <br /> the existing levels of signage. The sign area proposed, and the backlighting of <br /> the canopy is not supported. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The multiple uses of the property and the variance history for two free standing <br /> signs are unique,supporting the need for a second free standing sign. Variance <br /> history does support signage above the 45sq ft, but not to the 95 sq ft level. <br /> Further,the design of the canopy has three sides that are visible from the street, <br /> and could support the uniqueness argument. and <br /> • <br />