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ARDEN HILLS CITY COUNCIL - DECEMBER I 1,2000 4 (a) A degree ojjlexibility in the application of this Ordinance by allowing signs that are not . specifically permitted by this Ordinance. The proposed banners are not permitted by the Ordinance, as written, for the following reasons: banners are prohibited; signs attached to utility poles are prohibited; and signs in the right-of-way are prohibited. Some flexibility to this language may be made to support a different type of sign application than what is defined in the Sign Ordinance, Banners promoting a City event, located within the City's right-of-way and attached to utility poles maintained by the City differs from any other applicant wanting to promote a business or place a sign on land that is not theirs. Therefore, although these signs are not permitted by Ordinance, it is clear that there should be some flexibility for an application that didn't appear to be a consideration when the Ordinance was written. (b) Unique circumstances that may not have been apparent when the Ordinance was adopted. At the time that the Ordinance was adopted, the types of banners, as proposed, were not addressed. The section of the Ordinance that refers to signs attached to utility poles as being prohibited was referring to "snipe signs" or a temporary sign or poster affixed to a tree, etc. When this language was adopted, stalf does not believe it considered banners like those that are proposed by the City, The same holds true for not allowing signs within the City right-of-way, directly relating to allowing signs on utility poles which are in the right-of-way. The Ordinance also does not permit banners of any sort, except as approved by the City Council. Banners, as defined by the ordinance, are "A temporary sign or attention getting device, generally made of tlexible materials, such as paper, cloth, plastic or any non-rigid material with no enclosing tramework." Staff does not believe that this language considered this type of application of . banners but relates specifically to business advertising banners, A 50'h Anniversary celebration is a unique circumstance for the City and should be granted the necessary sign approvals to celebrate this civic event. (c) Changing technologies in the Sign Industry. Overall, it could be said that the sign materials and durability have been improvcd over time and signs that may not have been aesthetically pleasing in the past, are much more acceptable today, Ms, Chaput stated that based on this analysis, staff recommends approval of Planning Case #00- 44, Special Use Pcrmit, to attach banners to 17 utility poles along County Road E for the year 2001 in cclebration of the City's 50'h Anniversary subject to three conditions as detailed in her staff report. No comments were made so Mayor Probst closed public hearing at 7:49 p,m. Councilmember Grant asked how long the banners would be in place, Ms, Chaput stated the banners would be in place during the calendar year. Councilmember Aplikowski asked if the ordinance would be looked at for possible change to allow this type of request in the future, Ms. Chaput stated the Planning Commission would review the sign ordinance as a whole so this discussion may be raised as something that could be . permitted by the City. Councilmember Aplikowski stated her support of the banners.