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

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The City sent a letter to Clear Channel informing them that the electronic billboard sign was not permitted by the Arden Hills Sign Code and it should be restored to its previous condition. City Staff met with Clear Channel on January 23. At that meeting, Clear Channel stated that they believed the electronic billboard was in conformance with the City's sign regulations. On January 24,2007, the City issued a Sign Code violation letter to Clear Channel and requested that they submit a completed sign permit application, details about the previous billboard face, and details about the new electronic billboard (Attachment 7D-2). A sign permit application was not submitted within the requested fifteen days, and the City issued a citation to Clear Channel for failing to submit the required sign permit. Clear Channel submitted a sign permit application on May 21,2007 (Attachment 7D-3). The City's Sign Code requires the City Planner to approve or deny a sign permit within 30 days of receiving the application or the application is automatically approved (Section 1220.03). City Staff and the City Attorney met with Clear Channel on June 7, 2007, to discuss the status of the submitted sign permit. The City Attorney and City Staffs interpretation of the City's ordinances was that the electronic billboard was not in conformance with the Sign Code, and the City Planner issued a denial to Clear Channel on June 18,2007 (Attachment 7D-2). Marvin Liszt, Bernick and Lifson law firm, and Tom McCarver, Clear Channel, attended a work session with the City Council and Planning Commission on July 9,2007, to discuss the status of the electronic billboard. At that meeting, the City Council came to a consensus that the sign permit evaluation process should continue as prescribed in the Sign Code (Section 1220.04). Planninl! Commission Hearinl! Clear Channel submitted an appeal to the City Planner's denial on July 2, 2007 (Attachment 7D- 4). As required by the Sign Code, a hearing was held to review the sign permit denial at the August 1,2007, Planning Commission meeting. The Planning Commission reviewed the materials submitted by Clear Channel, Clear Channel presented the reasons for their appeal, and Clear Channel responded to the Planning Commission's question. At the end of the hearing, the Planning Commission voted (5-1) to affirm Staff s denial of Clear Channel's sign permit application. The motion was based on the findings in Staffs June 18,2007, letter of denial to Clear Channel (Attachment 7D-2). The draft minutes from the August 1,2007, Planning Commission are included with this report (Attachment 7D-7). Clear Channel submitted their appeal of the Planning Commission's decision on August 14,2007 (Attachment 7D-4). A letter sent to City Attorney Filla is also included in Attachment 7D-4. City of Arden Hills City Council Meeting - September 10, 2007 \\Metro-inet.uslardenhillslPlanningICity Council Memos\2007\Clear Channel Electronic Bil/board1091007 - Clear Channel- Permit Denial Appeal.doc Page 2 of6