Cond. Use Permit-Locate Sign in Lesser Setback Reqs.•
11111 October 17, 1985
Case No: 85 -53
Applicant: Midwest Outdoor Advertising
Location: 410 llth Avenue South
Request: Conditional Use Permit to locate a sign in a lesser setback than
required.
STAFF FINDINGS & COMMENTS: Anderson
1. The applicant is requesting a Conditional Use Permit to locate a sign in a
lesser setback than required. The subject site is located at 410 llth
Avenue South. The site is zoned I -2.
2. Ordinance 427.42(15) states applications for other proposed sign permits
involving a lesser setback than required by the Hopkins Zoning Ordinance,
may be granted only by and under a Conditional Use Permit as defined in
Section 427.04(26) and under the applicable provisions and regulations of
Conditional Use requirements set forth in Section 427.26 of the Hopkins
Zoning Ordinance which Conditional Use Permits may require periodic reviews
and may be cancelled for cause.
3. Ordinance 427.38 requires a 20 foot setback for a side yard in an I -2 District.
The applicant is proposing to have the sig 35 feet from the center of the
street. The street has a right -of -way of feet, hence the applicant will
have a 2 foot setback. The sign meets the rear yard setback requirement of
20 feet.
4. The proposed sign is to be 55 square feet per side and 15 feet in height. The
sign will be located on the northeast corner of the site. The sign will not
be lit.
5. The proposed sign will have leased advertising space. The first lessee will
be Twin West Chamber of Commerce.
6. Ordinance 427.23(3) states that variances shall be issued in cases where
strict enforcement of the zoning ordinance would cause undue hardship because
of circumstances unique to the subject property.
7. The applicant has stated that if the setback was strictly enforced, the setback
required by the zoning ordinance will cause Midwest's signs to be not visible
by traffic.
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NOTE: The purpose of a variance is to provide relief to a property owner when
the strict enforecment of the Zoning Ordinance would cause an undue hard-
ship to the property owner or deny reasonable use of the property.
Hardshi to the applicant is the crucial test. Variances will be granted
on y in unusual situations which were not foreseen when the Zoning Ordin-
ance was adopted. Economic situations are seldom unique and are rarely
considered a valid hardship.
Hardship A.
Explain why strict enforcement of the Zoning Ordinance would cause undue
hardship:
SEE REVERSED SIDE
FOR VARIANCE APPLICATION ONLY
Conditions B.
What are the special conditions (shape of lot, exceptional topographic
conditions, etc.) of this request that are unique to this property and
do not apply generally to other properties in the district?
This property offers good visibility and traffic count for
the Twinwest Chamber Sign or for any sign advertiser. The
strict enforcement of the setback ordinance would render
this location(and, indeed, every location in Hopkins) ineffective.
List of Homeowners
Contacted by Applicant C.
Submit a list of names and addresses of neighbors contacted.
N/A
Hardship A:
If strictly enforced, the setback required by the zoning ordinance
will cause Midwest's signs to be not visible by traffic. This would
eliminate any utility by the Twinwest'Chamber of Commerce ( or other
advertisers) of Midwest's service.
Currently, the long setback neccessitates a large billboard that is
14' x 48', or 672 sq. ft.. Midwest's signs are only 5' x 11', or
55 sq. ft.- less than one -tenth the size of the billboard for which
the setback is apparently designed. Midwest asks only for a 5'
setback. This is one - fourth the current requirement, for less than
one -tenth the square footage of the sign.
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