7E, Planning Case 09-007 Site Plan Review for 3585 Lexington Avenue North

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Commissioner Thompson expressed concern regarding the quality of signs to be used and stated the City's ordinance is such that if a sign is broken or otherwise in disrepair, the City can enforce the ordinance and require the owner of the sign to remedy the situation. She stated she is concerned about the sign looking tacky, e.g., letters missing, and felt there was not enough language in the conditions to address this and to ensure that the sign looks professional. City Planner Beekman stated in terms of upkeep, that is regulated by the sign code and if a sign is broken, cracked, or falling over, one of the City's public works staffwould pick it up or bring it into the business. She stated in terms of letters falling off, the Code requires that the signs be kept in a well maintained fashion. Commissioner Thompson asked if a condition should be added that the City can rescind the sign standard adjustment if there are issues with the business owner not taking the sign down at night. City Planner Beekman stated if the conditions are not followed, then the sign can be revoked, similar to a CUP violation. She stated this is standard language and if there are concerns about maintenance, the Planning Commission can add a condition that specifically deals with that concern. She added in terms of the structure of the sign, she felt comfortable with Staff having enough power to enforce the conditions with the existing Sign Code regulations. Commissioner Holewa stated he was under the impression that there is a health club business in this development that operates 24 hours per day. He expressed concern about "normal business hours" because this would mean the health club could have a sign in place 24 hours per day, representing their normal business hours. He stated he would be more inclined to include language that specifies permitted hours for placement of a sign or that a sign needs to be taken down by 10:00 p.m. He also asked about the small signs that have been placed along Lexington Avenue that advertise specials. City Planner Beekman replied she has seen those signs and they are illegal. Commissioner Modesette moved, seconded by Commissioner Zimmerman, to recommend approval of Planning Case 09-007, for a Site Plan Review at 3585 Lexington Avenue based on the findings of fact, the submitted plans, and the six conditions in the May 6, 2009, Planning Case report. Further discussion: Chair Larson stated concerns were expressed regarding hours of display of the sign and maintenance of the sign; Staffhas indicated they feel certain this can be controlled through the ordinance.