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<br />REQUESTFORCOUNC~AcnON <br /> <br />DATE: 4/13/98 <br />ITEM NO: I-I <br />Ma Agenda Section: <br />LAND USE <br />Clarification of Conditional Use Permit Language for Franchise <br />Associates, Inc. (Arby's/Sbarro) Regarding the Existing Pylon Sign <br /> <br /> <br /> <br />1.0 REQUESTEDACnON <br /> <br />1.1 The Community Development Director is requesting clarification of the conditional <br />use permit language for Franchise Associates (Arby's/Sbarro) regarding the use of <br />the existing pylon sign. When the City Council granted a conditional use permit to <br />Franchise Associates, Inc. on January 26, 1998, it was not clear whether the <br />Council intended to allow the applicant to use the existing pylon sign if it were <br />moved back to the required setback and lowered, or if the sign had to be replaced <br />in order to bring the area of the sign into conformance with the City's sign <br />regulations. <br /> <br />2.0 BACKGROUND <br /> <br />2.1 On January 26, 1998, the City Council granted a conditional use permit to Franchise <br />Associates to allow the construction of a new Arby's/Sbarro restaurant at 2105 <br />Snelling Avenue North (Resolution 9517). Condition 6 of the CUP states: <br /> <br />6. All signage for the project must comply with the current requirements of <br />Section 1009 of the City Code, including the size and location of wall signs <br />and directional signs. <br /> <br />2.2 The existing pylon sign does not meet the City's height, area, and setback <br />requirements. At the January 28, 1998, City Council meeting, it was unclear if the <br />existing sign could be lowered and moved back on the site as proposed by <br />Franchise Associates, or if the sign had to be replaced with a sign which met the <br />area requirement as well. <br /> <br />2.3 The City has received a letter from Bruce Malkerson, an attorney for Franchise <br />Associates, Inc., presenting a legal argument why the language of condition 6 <br />should be amended to read: <br /> <br />6. All signage for the project must comply with the current requirements of <br />Section 1009 of the City Code, including the size and location of wall signs <br />and directional signs. The foreaoina lanauaae applies to new sianaae but <br />not to the existina non-conformina free-standina sian. which may continue <br />pursuant to the terms and conditions of the City's sian ordinance. <br /> <br />PF#2977 - RCA (04/13/98) - Page 1 of 2 <br />