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

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ARDEN HILLS PLANNING COMMISSION - AUGUST 1,2007 13 Mr. McCarver responded that he was not 100% certain but more bracing was added likely to hold the increased weight. Commissioner Stodola asked for clarification that it was added to accommodate the additional weight. Mr. McCarver provided some detailed information regarding stringers and torsion tubing that had been referenced in the Clear Channel narration and then agreed that bracing had been added for the additional weight. Commissioner Larson added, for further clarification, that the referenced "10" steel and weights. . . ..per foot" was a structural steel number. Commissioner Stodola asked for further details concerning the diode system and how light is directed. Mr. McCarver responded that LED signs on MDOT highway boards are monochromatic signs and, in the diode packet, red-green-blue make up the color of the sign and those dials rise out of the sign face. He added that the differentiating point is that traditional billboards have lights shining at the sign, and LED signs have diodes that externally shine on the sign face to create a picture. Commissioner Stodola inquired as to how the diodes are coordinated to get the desired picture. Mr. McCarver responded that the computer on the sign feeds the message to the sign and that message comes remotely from the Clear Channel office from a desktop computer. He added that a normal program is set for a day, week, or month, and the sign is regenerated every eight seconds. Commissioner Modesette asked what the word "notwithstanding" means to the balance of statements narration. Mr. McCarver responded by saying that the word in that narration means an ordinance cannot attempt to do what State law prohibits, citing 462.357, as an example, where the Legislature passed a prohibiting amortization of nonconforming uses and the City couldn't enforce an ordinance that allows for amortization. He said the law is very clear on rights of owners of nonconforming uses. Commissioner Larson commented that, having work with various cities in the past, he knows nonconforming uses are treated very harshly and he is of the opinion that there is need to revisit the subject of State statutes, which will take a while, and overturn Staff's denial at this point. He said he doesn't know if problems will be solved by supporting the denial, though doesn't know if problems will be solved by not supporting it either. Commissioner Larson stated that cities have not modified their sign ordinances by going to MDOT, as State law requires, and Clear Channel probably knows where those cities are, which is why Arden Hills got the sign. Commissioner Larson asked if Staff could appeal, and Mr. Lehnhoff responded that an appeal could come from Staff, a member of the public, or the Council. However, Staff would generally not appeal. Commissioner Zimmerman said he doesn't dispute the need to look at the sign ordinance to be in compliance but discussing whether denial was valid based on current sign ordinance and whether the ordinance needs to be changed are two separate issues. He said the Commission can't arbitrarily decide such things at this meeting, but he supports the denial ofthe current application as it stands based on current sign ordinance. DRAFT