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. Arden Hills Council 8 October 13, 1992 Attorney Filla commented that in order to grant a variance, a hardship must be identified. He asked the term or Mr. Movies' lease; representatives stated there is an existing ten-year leas e . Filla explained that if the City were to allow the Mr. Movies' sign situation, it would be allowing a nonconrorming use to exist. He suggested either some type or agreement to terminate the nonconrorming use which is tied to termination or the leasel or a variance conditioned upon tenancy or Mr. Movies. He commented that one element in this case is the ract that the City allowed the Mr. Movies signs by permit, and leasing arrangements relied upon those permits. He reminded that economic hardship on the part or the applicant is not sufficient reason ror the .. . of a variance. granclng Councilmember Hicks asked if the hardship in this case might be the ract that the Mr. Movies signs were allowed by the City in the past. At torney Fill a remarked that if a City erroneously allowed something in the past, that is not sufficient reason to continue allowing ... 1 c. . The applicant stated that prior to the sign ordinance, previous tenants had even more signage than is proposed now. Attorney Filla commented that if Council wishes to grant a variance, the justification for doing so could be 1) The property owner, when leasing property, relied on a signage which was permitted by the City in the past, therefore the situation was not self-created, and 2) The signage plan being proposed now, though nonconforming, is 1 loSS nonconforming. Fill a added that a variance could be structured to terminate upon expiration of Mr. Movies' lease, or upon their vacation of the property, whichever is first, at which time a new signage plan for the entire building would need to be submit ted for consideration by the City. He said this arrangement would give Mr. Movies adequate time to recover the initial cost of their existing signage. He explained that the cost or a sign is typically amortized over a certain period of time; in this instance, it waul d be reasonable to expect the sign to be amortized over the peri ad of the initial lease. Chuck Markham, an owner of Mr. Movies, stated that because of the structure of the building and the roof overhang . design, it is difficul t to locate signs so they are visible from the front as well as the sides of the building, therefore the sign on the east side of the building is very important. He stated he would be willing to relinquish use of the pylon sign rather than lose the sign on the east side of the building.