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LA22-000037 <br /> August 15,2022 <br /> Page 4 of 5 • <br /> building is peculiar but a reasonable building envelope is available for placement of the <br /> monument sign in a conforming location. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The location of the existing building and substandard street yard <br /> does not apply to other properties in the district. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The new monument sign would be located in <br /> the 5' property line setback. The applicant states the existing location of the business <br /> and the curve of the right of way creates practical difficulty for the owner in allowing a <br /> monument sign. Staff finds the use and enjoyment of the property is currently being <br /> met with the existing business and a monument sign is and accessory structure not <br /> necessary for the use of the property. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals,or in any other respect be contrary to the intent of this chapter.The applicant <br /> states proposed variance will not impair health,safety,comfort or in any other respect <br /> be contrary to the intent of the zoning code. The placement of the substantial sign <br /> within the right-of-way may pose safety concerns to vehicular traffic due to its location <br /> and considerable increased mass compared to the existing wooden sign. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The variance for the proposed <br /> monument sign would serve as a convenience as the primary use of the property is met <br /> with the existing business. The proposed 0 foot setback is a convenience due to the <br /> conforming building areas available. <br /> • <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Engineer Comments <br /> The City Engineer reviewed and provided comments regarding the placement of a permanent <br /> structure within the easement. The Engineer notes the proposed sign would not interfere with <br /> the City Sewer line but recommends an encroachment agreement be required. (Exhibit F). <br /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner has designed the <br /> project as to meet City Ordinance regulations? Is there opportunity to conform to <br /> the City Code? <br /> 2. Does the Planning Commission find the proposed project necessary for the use of the <br /> property? <br /> 3. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 4. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 5. Are there any other issues or concerns with this application? • <br />