2020.08.25 CC Minutes - Laserfiche WebLink

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August 25, 2020 Page 4 of 5 Council consensus was to direct staff to amend the Zoning Code to create an Interim Use Permit tool which could be used in circumstances like this to facilitate improvements with sunset dates or conditions. 2. Consider a Resolution Denying a 12-foot height variance and denying a 27-square foot size variance for a replacement sign at 388 Cleveland Avenue. Motion by Councilmember Allen, seconded by Councilmember Dunsworth to approve a Resolution denying a 12-foot height variance and denying a 27- square foot size variance for a replacement sign at 388 Cleveland Avenue. City Manager Massopust indicated Assistant Director of Community Assets and Development Gozola would be presenting this item to the Council. Assistant Director of Community Assets and Development Gozola stated Lauris Valtinson acquired the property at 386 Cleveland Avenue in 2015 which included a legal nonconforming freeway sign facing I-35W. With the new I-35W sound wall going up, Mr. Valtinson is seeking a way to keep the legal nonconforming sign visible once the wall is complete. It was noted the City received two emails from adjacent residents that were against the request. Staff commented further on the sign request and reported the Planning Commission recommended denial of the request. Councilmember Allen asked if the applicant had any input or thoughts on changing the height of the sign. Assistant Director of Community Assets and Development Gozola reported it was his understanding the applicant may be willing to amend the application and would request a different size conforming sign. Lauris Valtinson, the applicant, commented on his sign request. He explained when he began working with a sign company, he was not aware of the size requirements. He reported the sign company had calculated a sign size and height given the distance from the freeway. He indicated he would be happy to conform with the 36 square feet requirement. He stated he has spoken to some of the neighbors regarding the sign request and he did not receive any further complaints. He noted the two emails that object to the sign were a block or block and a half from his property. He commented on the history of his business in New Brighton and stated he valued the sign he had facing I-35W. He reported he was not aware of the fact the existing sign was nonconforming. He requested the Council allow him to come back with a smaller sign with the shorter height in order to maintain the same signage he has on the building. Councilmember Jacobsen stated it sounds like the applicant was willing to revise his current sign plan. He questioned what action the Council should take to allow this to occur. Assistant Director of Community Assets and Development Gozola reported this would require the Council to table action on the Variance request in order to allow the applicant to revise the plans. He explained the City did have the right to extend the request 60 days. Councilmember Jacobsen stated he supported the Council tabling action on this item. Mayor Johnson feared this action could set a precedent for other sign requests. Assistant Director of Community Assets and Development Gozola stated freeway signs were well defined within City Code and were only allowed within the B-3 zoning district and above. He noted billboards were only allowed within one zoning district. Councilmember Dunsworth asked if there were any other legal nonconforming signs within the City. Assistant Director of Community Assets and Development Gozola commented he was not certain. He reported staff was typically not made aware of legal nonconformities until a request came before the City. Councilmember Allen stated he supported the Council tabling action on this time. He requested the sign light be shielded to keep it from washing into the adjacent neighborhood. Councilmember Fynewever and Councilmember Dunsworth both agreed the matter should be tabled. 2. Consider a Resolution Denying a 12-foot height variance and denying a 27- square foot size variance for a replacement sign at 388 Cleveland Avenue.