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Variance Board Meeting Minutes – Wednesday, August 02, 2006 Page 2 Chair Bakeman requested that both requests be discussed separately; and opened the Public Hearing for Planning File 3783. Dale Street Sign Associate Planner Lloyd reviewed the variance requests by Croix Oil Company to City Code, Section 1005 (Business Districts) and Section 1012 (General Requirements) to allow the replacement of a pylon sign at 2151 Dale Street at a distance of five feet (5’) from both the County Road B and Dale Street rights-of-way. Staff recommended approval of the request, based on comments and findings outlined in Section 5 of the staff report dated August 2, 2006, by resolution, to allow the construction of the proposed pylon signs in a non-conforming location, subject to the following conditions: a. The applicant must work with the City Engineer to select a satisfactory location for the sign at the Dale Street location such that the sign is not positioned too near the storm sewer and not closer than five feet (5’) from any right-of-way; and b. The variance for each site (if granted) shall expire within six (6) months of their approval f a sign permit is not issued for the respective site pursuant to City Code, Section 1013.03. Discussion included the visibility triangle and measurements from the property line rather than the curb; Engineering Department specifications related to enforcing City Code and the storm water easement and existing piping and sidewalk; ability of a municipality to enforce signage on private property as well as on public right-of-way easements in order to ensure visibility; and the protected left turn onto Dale Street at this intersection. The applicant was present, but had no comments other than to concur with staff statements and review. No one appeared for or against the project at the hearing. Chair Bakeman closed the Public Hearing. MOTION [7.2]: Member Bakeman moved, seconded by Member Doherty, to adopt Variance Board Resolution No. 42, APPROVING A VARIANCE to Section 1012.03 (General Requirements) to allow a pylon sign within the “visibility triangle” and a VARIANCE to Section 1005.01 (Business Districts) to allow the construction of a pylon sign at 2151 Dale Street in a location twenty-five feet (25’) closer to the Dale Street right-of-way and twenty-five feet (25’) closer to the County Road B right-of-way than Code permits, based on the comments and findings of Section 5 and the conditions of Section 6 of the project report dated August 2, 2006. Ayes: 3 Nays: 0 Motion carried. Chair Bakeman advised the applicant of the appeal process timeframe. Cleveland Avenue Sign Associate Planner Lloyd reviewed the variance requests of Croix Oil Company to City Code, Section 1005 (Business Districts) and Section 1012 (General Requirements) to allow the replacement of a pylon sign at 3110 Cleveland Avenue at