Laserfiche WebLink
Nonconforming Use Variance Request – Valtinson Sign (388 Cleveland Avenue) <br />Planning Commission Report; 9-15-20 <br /> <br /> <br />Page 11 <br />Template Approval <br />Motion: <br />RECOMMENDED <br /> “I move we recommend the City Council approve the requested 9-foot <br />variance from the 20’ height maximum based on the findings of fact and <br />suggested conditions listed on pages 9 & 10 of the report as may have been <br />amended here tonight.” <br /> <br />Suggested Findings <br />of Fact: <br />1. Meeting sign size requirements and only exceeding height to the minimum <br />degree necessary is in harmony with the intent of the comprehensive plan and <br />zoning code given the facts of this case. <br />2. Gaining the ability to retain existing legal nonconforming signage following <br />erection of the new MnDOT soundwall is a reasonable request from the <br />property owner. <br />3. The landowner was not responsible for construction of the new sound wall <br />that will obstruct the existing legal nonconforming sign. <br />4. Replacing the existing sign with a conforming sign above the sound wall will <br />not impact the character of the locality. <br />5. The requested height variance is requested to retain existing signage, and is <br />not being done solely to increase the value of the property. <br />6. The applicant’s sign consultant has identified 25 feet to the bottom of the sign <br />as the minimum height needed for a sign to clear the wall for visibility <br />7. Reducing the size of the legal nonconforming sign to a conforming size for <br />ground signs reduces the existing legal nonconformity where practical, <br />thereby meeting the nonconforming use analysis. <br /> <br />Recommended <br />Conditions: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. The proposed sign shall meet the required 10-foot setback from the rear <br />property line. <br />2. The proposed dynamic electronic display shall not be used as a Billboard <br />(advertising things other than the business on the premises) which is a <br />prohibited sign type in the B-1 district. <br />3. The dynamic electronic display shall meet all requirements of code specific to <br />that sign type. <br />4. The final sign height shall not exceed 29’ from the ground to the top of the <br />sign. <br />5. Failure to adhere to all conditions of approval shall be grounds to revoke the <br />variance and require removal of the sign. All costs for sign removal and site <br />restoration shall be the responsibility of the landowner in such an event.