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11. The granting of the proposed variance will not in any way impair health, safety, comfort, <br />morals, or in any other respect be contrary to the intent of the Zoning Code. <br />Staff is waiting to receive comments from NSP and Mn/DOT regarding the canopy. <br />12. The granting of such variance will not merely serv e as a convenience to the applicant, but <br />is necessary to alleviate demonstrable hardship or difficulty. <br />The variance will alleviate the hardship created by the existing building and the right-of-way. <br />The canopy will be a convenience to customers. <br />Issues <br />1 . The zoning lot conforms with lot width and side and rear yard requirements. <br />2. Topography is not a factor with this application. <br />3. Staff is concerned about the height of the canopy, lighting and signage. This information has <br />not been submitted. <br />4. <br />5. <br />Staff is concerned about the proximity (3.6 ft.) of the canopy to overhead power lines and <br />the highway. <br />Staff is also concerned about the ter’porary portable sign and oUier signage on the property. <br />The amount of signage on the canopy should be minimal. <br />STAFF RECOMMENDATION <br />To approve a front yard variance to reduce the required 20 ft. setback to 3.6 ft. from the highway <br />right-of-way contingent on favorable consideration from NSP and Mn/DOT. Further, the applicant <br />should reniove the portable sign and reinstall the pylon sign in compliance with Zoning Code <br />requirements. <br />* <br />m <br />Attachments <br />A <br />B <br />C <br />D <br />E <br />F <br />Variance Application <br />Location Map <br />Plat Map <br />Revised Map Showing Front Property Line <br />Survey <br />Drawing of Canopy <br />x:\lin\Iiz\memo2244 <br />U2244 William Wear <br />2160 Wayzata Boulevard <br />6/16/97 <br />Page A