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