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

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CLEAR CHANNEL OUTDOOR, INC.'S APPEAL FROM THE AUGUST 1,2007 DECISION OF THE PLANNING COMMISSION OF THE CITY OF ARDEN HILLS UPHOLDING THE DENIAL OF CLEAR CHANNEL OUTDOOR, INC.'S MAY 21, 2007 SIGN PERMIT APPLICATION FOR PARCEL ID 213023340006 Clear Channel Outdoor, Inc. appeals the August 1, 2007 decision of the Planning Commission to uphold the denial of its May 21, 2007 Sign Permit Application as set forth in the City's August 7, 2007 letter. The appeal is based on the grounds that the decision of the Planning Commission and the purported relevant city ordinances are arbitrary and capricious, contrary to law, violative of Minnesota Statutes, and the Constitution of the United States. These grounds include, but are not limited to, the following: 1. The Planning Commission's reliance upon Section 1280.01, Subd. 4 of the Sign Code to deny the permit violates Minnesota law regarding legal nonconforming uses. Minn. Stat. S 462.357, Subd. l(e) grants to nonconformities the right of repair, replacement, restoration, maintenance or improvement. Any decision by the Planning Commission, city staff or city ordinance restricting these statutory rights is contrary to law and unenforceable. The Planning Commission also erred by holding that Ordinance Section 1280.Q1, Subd. 4 states that "Altering or enhancing a nonconforming use is prohibited," and applying this erroneously stated provision to deny the permit. 2. The Planning Commission's reliance on Section 1240.02 Table I of the Sign Code is erroneous and contrary to law. a. This section of the Sign Code is preempted by the Minnesota Outdoor Advertising Control Act, Ch. 173. This Act 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." (emphasis added) Minn. Stat. S 173.02. "Adjacent areas" are defined as areas "adjacent to the right-of- way of an interstate or trunk highway." Minn. Stat. 173.02, subd. 8. b. Minn. Stat. S 173.16, Subd. 3 establishes lighting standards for advertising devices in business areas adjacent to interstate highways. Nothing in the Outdoor Advertising Control Act prohibits the installation and operation of an LED device illuminated by the method used for the subject sign. Any attempt by the City to further restrict the lighting standards contained within Minn. Stat. S 173.16, Subd. 3 must follow the procedures contained in Minn. Stat. 173.16, Subd. 5 and Minn. R. S 8810.1400. The City has failed to do so, and has no authority to apply Section 1240.02.