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Nays: None Motion Carried 6-0 Member Cunningham stated that the developer should have screening on the southern portion of the property to minimize the visual impact of the condos. Gb. Planning File 3128: Joseph Duellman, Tom's Mobile Service, is requesting a variance to allow additional signage on a pre-existing non-conforming sign on property located at 1935 Rice Street North (PID 132923140019). Chair Klausing opened the hearing and asked Thomas Paschke to explain the staff report dated 7-14-99. Paschke described the request and setbacks required. Pylon signs are structures requiring a thirty-foot setback. The Duellman sign is a pre-existing (1957) non-conforming structure. The site is 90% developed or paved. There are no alternative sites. The request is for less than half of the code allowance for this site. Staff recommended approval. The sign is four feet from the Rice Street right-of-way and twenty-one feet from the McCarrons Street right-of-way. Member Mulder asked the height of the sign base. Is it too low to be safe for visibility along Rice Street? Chair Klausing asked if applicant needed a variance from McCarrons Street right-of-way side yard? (No) Chair Klausing asked if a variance is granted, would the sign be in conformance with the code (Yes) provided the size and height met the city code requirements in effect at that time. Site lines and the site triangle must be protected. Can conditions be attached? (Yes) Tom Duellman, representing the site owners, answered questions. There being no further comment, Chair Klausing closed the hearing. Motion: Member Mulder moved, seconded by Member Olson to approve the Joseph Duellman request for a 26-foot variance from Section 1 005.09A(1), with the condition that the sign be no lower than nine feet and the sign size be no greater than 50 s.f. without further Council approval, and, based on the following findings from the staff report dated July 14,1999: 1. Pylon signs are structures and Section 1005.01A(1) requires a 30-foot minimum front yard setback for all structures. The applicant seeks a variance to allow the installation of additional signage on the existing pylon sign pole. 2. Section 1013.02 requires the applicant demonstrate a physical hardship and demonstrate that no practical alternatives exist that would reduce the need for a variance. 3. The gas/service station, constructed to maximize the site, offers no alternative for relocating the existing pylon. The current parking lot and drive lane area are located in the front of the structure and cover 90+ percent of the site except for small grass areas along Rice Street and McCarrons Street. 4. The structure, site, and sign were constructed 42 years ago under a different set of rules and regulations that created the pre-existing non-conformity. Initially, Rice Street was limited to a 33-foot right-of-way on the Roseville side. Sometime over the past 42 years the Minnesota Department of Transportation acquired an additional 17 feet of right-of-way from the Tom's Mobil Service site and others in the vicinity. The purchase was to create a minimum right-of-way width of 100 feet for Rice Street. 5. The additional signage will not exceed the code requirement allowed in the B-3 General Business District. Section 1 009.08E allows a maximum of 100 square feet for a pylon sign. The existing (28.8 square feet) and proposed (20.64 square feet) signage equals 49.44 square feet, which is 50 percent of the maximum allowed for a pylon sign in a B-3 General Business District. 6. The proposed variance, if granted, will not adversely affect the public health, safety, or general welfare, provided standards/conditions are attached to insure that redevelopment of the site is completed in accordance with the plans proposed by the applicant. Ayes: Olson, Cunningham, Wilke, Klausing, Mulder, Egli Nays: None Motion Carried 6-0. 7. Presentations and Other Actions 7a. Proposed Flag Lot Ordinance