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1A, Clear Channel Litigation
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1A, Clear Channel Litigation
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4/18/2008 4:09:22 PM
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Clearn Channel Litigation
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Agenda
Date
4/21/2008
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<br /> <br />Clear Channel timely appealed the City Planner's decision to the Arden Hills Planning <br /> <br /> <br />Commission, which upheld the permit denial. In denying the permit, the Planning Commission <br /> <br /> <br />adopted the same reasoning given by the City Planner in his June letter to Clear Channel. See <br /> <br /> <br />McCarver Aff., Ex. G. <br /> <br /> <br />Clear Channel again timely appealed this decision to the City Council. On September 10, <br /> <br /> <br />2007, the City Council considered Clear Channel's appeal. The City Council denied Clear <br /> <br /> <br />Channel's appeal based on its conclusion that the new LED sign face constituted an impermissible <br /> <br /> <br />cxpansion. The Council's conclusion was based on five factual fmdings: (1) that the amperage of <br /> <br /> <br />the sign was increased; (2) that the four extemallights had been increased to thousands of lights; <br /> <br /> <br />(3) that the width of the sign face increased from two inches to eight inches; (4) that the weight <br /> <br /> <br />increased from 1000 pounds to 9000 pounds; and (5) that structural supports were added to the <br /> <br /> <br />sign. The Council cited as a further reason for denial that the LEDs are internal to the sign itself <br /> <br /> <br />and not an extemal lighting source as defined by the Sign Code. See Transcript of September 10, <br /> <br /> <br />2006 Council Mtg. ("Sept. 10 Tr.") at 45-46, attached as Soules Aff., Ex. A. By letter dated <br /> <br /> <br />September 20,2007, the Arden Hills City Planner informed Clear Channel of the City Council's <br /> <br /> <br />decision and reiterated these same grounds. McCarver Aft:, Ex. H. By that same letter, the City <br /> <br /> <br />directed Clear Channel to remove the LED sign and replace it with a panel designed to display <br /> <br /> <br />vinyl images. ld In order to protect its statutory right to make improvements to its signs, Clear <br /> <br /> <br />Channel filed this action on September 26, 2007. <br /> <br />!i <br /> <br />7 <br />
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