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

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Citv Attornev's Response to the Appeals The City Attorney has provided a legal response to the City Council regarding Clear Channel's appeal (Attachment 7D-5). The City Attorney will be in attendance at the September 10th, 2007, City Council meeting. The City Attorney's September 5, 2007, letter includes a recent decision from the Virginia Supreme Court where it was decided that converting a traditional billboard to an electronic billboard was an enlargement. Billboards in Arden Hills There are only two billboard structures within Arden Hills, both of which are owned by Clear Channel and located in the northeastern comer ofthe Interstate 35W and 694 (Attachment 7D-1). The two billboard structures host a total of four sign faces (each billboard structure has a sign face that displays to the east and west). Only one ofthe sign faces is of the electronic billboard type. The other three sign faces are traditional static billboards. The Sign Code does not permit the construction of entirely new billboards or other permanent off-site commercial signs in the City. The two remaining billboards are considered nonconforming. Sil!:n Permit Application Denial The reasons for the denial are as follows (full letter in Attachment 7D-2): . Section 1230.02 Subd 8 of the Sign Code prohibits new permanent off-premise signs, including billboards. Due to this provision, the Clear Channel billboard is a legal, nonconforming use. Altering or enhancing a nonconforming use is prohibited (Section 1280.01 Subd 4 of the Sign Code). . Section 1240.02 Table 1 of the Sign Code limits lighting options for freestanding signs in Sign District 7 to external lighting only. Section 1210.01 Subd 6. ofthe Sign Code defines external lighting as "[illumination) by means of external light fixtures directed at the sign." The proposed sign is using a lighting source other than external lighting. . Section 1320.13 Subd 6.G.3 of the Zoning Code states that "Any billboard located in the GB District may be expanded, altered, relocated or otherwise modified solely upon written approval of the City, provided the expansion, alteration, relocation or modification is authored by the City of Arden Hills in connection with a transaction which will result in a net reduction in the number of billboards or in the aggregate sign face area of the billboards, located within the GB District." The provisions of this section have not been met. City of Arden Hills City Council Meeting-September 10.2007 \ lMetro-inet.uslardenhi/lslPlanningICity Council Memos\2007\Clear Channel Electronic nil/boardI09] 007 - Clear Channel- Permit Denial Appeal.doc Page3of6