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08-01-07-PC
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08-01-07-PC
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11/10/2015 9:03:24 AM
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7/26/2007 1:30:00 PM
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<br />1. In detail, what alterations are proposed to the nonconforming sign/structure? <br />2. What are the existing dimensions, and what are the proposed dimensions of the <br />nonconforming sign/structure (height, width, and depth)? <br />3. What is the existing weight, and what is the proposed weight of the nonconforming <br />sign/structure? <br />4. What is the existing lighting source, and what is the proposed lighting source for the <br />sign/structure? <br />5. Are any structural changes needed to support the modified sign/structure? Please be <br />specific. <br /> <br />To date, Clear Channel has not submitted specific information about the changes to the <br />billboard or the structure. However, at the July 9,2007, work session, Clear Channel did <br />state that the electronic billboard is heavier and thicker than the previous billboard and that <br />the structural supports were added to accommodate the additional weight. <br /> <br />State Statutes for Nonconforming StructuresfUses <br /> <br />The appeal letter from Clear Channel includes a portion of State Statute 462.357 Subd. <br />1 (e)(a) regarding nonconforming uses (Attachment 4A-3). Forreference, the full section for <br />nonconformities from State Statutes is provided: <br /> <br />462357 Subd. Ie. Nonconformities. (a) Any nonconformity, including the lawful use or <br />occupation of land or premises existing at the time of the adoption of an additional control <br />under this chapter, may be continued, including through repair, replacement, restoration, <br />maintenance, or improvement, but not including expansion, unless: <br />(1) the nonconformity or occupancy is discontinued for a period of more than one year; <br />or <br />(2) any nonconforming use is destroyed by fire or other peril to the extent of greater than <br />50 percent of its market value, and no building permit has been applied for within 180 <br />days of when the property is damaged. In this case, a municipality may impose <br />reasonable conditions upon a building permit in order to mitigate any newly created <br />impact on adjacent property. <br />(b) Any subsequent use or occupancy of the land or premises shall be a conforming use <br />or occupancy. A municipality may, by ordinance, permit an expansion or impose upon <br />nonconformities reasonable regulations to prevent and abate nuisances and to protect the <br />public health, welfare, or safety. This subdivision does not prohibit a municipality from <br />enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or <br />similar adults-only businesses, as defined by ordinance. <br />(c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, <br />maintenance, improvement, or expansion of nonconforming uses and structures in <br />floodplain areas to the extent necessary to maintain eligibility in the National Flood <br />Insurance Program and not increase flood damage potential or increase the degree of <br />obstruction to flood flows in the floodway. <br /> <br />City of Arden Hills <br />Planning Commission Meetingfor August J, 2007 <br /> <br />\lMetro-inet.uslardenhillslP/anninglPlanning CommissionWew~Old Business\2007\080107 - Clear Channel Sign Pennit Application Denial <br />Appeal.doc <br /> <br />Page 4 of5 <br />
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