09-21-2015 Planning Commission Packet

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#15-3779 September 17,2015 Page 3 of fi 3. The applicant establishes that there are practical diff�culties a. The praperty owner proposes to use the property in a reasonable manner not permitted by the official controls; The property will continue to be used as a church in conformance with the previously approved conditional use permits. b. There are circumstances unique to the property not created by the landowner; The substantial size of the property and the unusually large distance between the actual traveled roadway and the front lot li�ne suggest that a signage area variance is reasonable; in staff s opiinion this criterion is met; and c. The variance will not alter the essential character of the locality. The proposed sign will replace a sign which already exists on the property. In staff s opinian this criteri.on is met. Additionatly City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying ta the structure or land in question are peculiar to such property or immediately adjoining property. The existing conditi�nal use permits applicable to the church use on this property make it unique, as does the unusually wide road right-of-way at this locahon. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The CUP for chnrch use and the need for signage associated with that use do not apply to other residential uses in the RR-1B district. 6. The granting of the application is necessazy for the preservation and enjoymen#of a substantial property right af the applicant. Signage is an important element of the church's mission in communicating with its members. 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The propased variance to signage area size does not have any anticipated impacts on health, safety, comfort or morals, and proposed limitations on its use (automatic dimming and iimited message changes)will ensure it does not become a nuisance. 8. The granting of such vaziance will not merely serve as a convenience to the applicant, but is necessaxy to alleviate demanstrable difficulty. The variance is necessary to allow the church to serve its members and users. (b} The board or c�uncil may impose conditions in granting of vaziances. Any conditions imposed rnust be directiy related to and must bear a rough proportionaiity to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties 5tatement Applicant has completed the Practical Difficulties Documentation Form attached as Ezhibit B, and should be asked for additional testimony regarding the application.