07-09-07 Pre-Work Session Agenda Packet

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CLEAR CHANNEL OUTDOOR, INC. 'S APPEAL FROM THE JUNE 18, 2007 DENIAL OF THE SIGN PERMIT APPLICATION FOR PARCEL ID 213023340006 Clear Channel Outdoor, Inc. appeals thc June 18,2007 decision to deny its May 18.2007 Sign Permit Application. The appeal is based on the grounds thaI the decision of the city planner and the purported relevant city ordinances are arbitrary and capricious, contrary to law, and violative of Minnesota Statutes. These grounds include, but are not limited to, the following: I. The City Planner's reliance upon Section 1280.01, Subd. 4 of the Sign Code and Section 1320,13, Subd. 6.G.3 of the Zoning Code as reasons to deny the permit violate Minnesota law regarding legal nonconforming uses. Minnesota Stat. S 462.357. Subd. l(e)(a) provides in relevant part that "[aJny nonconformity including thc lawful use ... of land or premises existing at the time of the adoption of an additional control under this Chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement." Any decision by city staff or ordinance provisions restricting these statutory rights are contrary to law and unenforceable. ~ Seclion 1240.02 Table 1 of the Sign Code does not rationally apply to billboards of the type involved in this proceeding. For cxample, the District 7 maximum area and maximum height requirements under Freestanding Signs cannot apply to billboards which are 14' x 48' or 672 total square footagc. 3. There is no rational basis or legitimate health, safety or welfare rationale for requiring billboard illumination to be only by means of external light fixtures directed at the sign. Any attempt to interpret or enforce the Sign Code to require this type of illumination is arbitrary and capricious, contrary to law and unenforceable. 4. Any attempt by the City to require billboard illumination to be only by means of external light fixtures directed at the sign violates the provisions of the Minnesota Outdoor Advertising Control Act, Minn. Stat. Ch, 173, This Statute regulates the placement and design of "advertising devices" in "adjacent areas." An "advertising device" is "any billboard, sign, notice, ... or other device visible to and primarily intended to advertise". and shall include". all lighting or other attachments used in connection therewith" (cmphasis added) Minn. Stat. S 173.02. "Adjacent areas" are defined as areas "adjacent to the right-of-way of an intcrstate or trunk highway." Minn. Stat. 173.02, subd. 8. Minn. Stat. S 173.16, Subd. 3 establishes lighting standards for advertising devices in business areas adjacent to interstate highways. Nothing in the Outdoor Advel1ising Control Act prohibits the installation and operation of an LED device illuminated by the