09-10-07 Item 7D, Clear Channel - Laserfiche WebLink

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.... u.. <C ~ Q ARDEN HILLS PLANNING COMMISSION - AUGUST 1,2007 10 A. CLEAR CHANNEL SIGN PERMIT APPLICATION DENIAL APPEAL Mr. Lehnhoff said the Planning Commission is being requested to either overturn or sustain the City Planner's denial of the sign permit application from Clear Channel, Inc. for their May 21, 2007, after-the-fact sign permit application for the electronic billboard located in the northeast comer of the I-35W and 1-694 intersection. He reported that there has bean a difference in opinion between City Staff and Clear Channel over whether a sign permit was required for the changes made to the billboard, which included "replacing the existing billboard panel with an LED panel." Clear Channel has continued to support the idea that changes made to the billboard did not require a sign permit; nevertheless, a sign permit application was submitted on May 21, 2007. Arden Hills Sign Code states that the following activities require a sign permit: 1) Replacing the sign copy; 2) Removing the sign for the repair of the cabinet or any part thereof; 3) Changes made to the size, height, or bulk of the sign or addition of illumination; 4) Changes in poles, structural supports, bases or shrouds, footings, or anchor bolts; moving the sign to a new location; or replacement of the interior or exterior cabinet frame, except the sign face. However, since a sign permit has been submitted, the Commission does not need to determine if a permit was needed. The Commission's decision on the appeal should be based on whether or not the permit should have been denied by Staff. Mr Lehnhoff stated that the City Attorney has submitted an opinion on the State Statutes and how they apply to this situation. He noted that the City Attorney's letter is included in the Commission's packet, and that Staff and the City Attorney believe that the City's ordinances are in conformance with State Statutes; therefore, the focus should be more on whether or not the City's ordinances were applied correctly. Mr. Lehnhoff reviewed the Clear Channel sign permit timeline review: · December 2006 - removed existing billboard face and replaced with electronic message billboard. . January 2007 - violation letter . May 21, 2007 - sign permit application · June 18,2007 - sign permit application denial (must act within 30 days) Mr. Lehnhoff reviewed the basis for the sign permit application denial: · Billboards are nonconforming uses in Arden Hills (Section 1230.02 Subd 8 and Section 1280.01 Subd 4 ofthe Sign Code). · Lighting is limited to external lighting only (Section 1210.01 Subd 6). · Zoning Code prohibits expansion, alteration, relocation, or other modification without written approval from the City. Chair Sand stated the need to decide whether to affirm the decision of the City Planner or overturn the determination but, either way, the subject will come before the City Council. He said it is noteworthy, for the record, that the City Attorney is not in attendance and