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<br />June 16, 1976 <br /> <br />. <br /> <br />. <br /> <br />TO: The Honorable Mayor and <br />Members of the New Brighton Council <br /> <br />FROM: Gene Fisher <br /> <br />SUBJECT: Special Use Permit SP-69 <br /> <br />Presented herein is my analysis and conclusions regarding the <br />issuance of special use permit SP-69. <br /> <br />In this circumstance we are asked to act after the fact to <br />legalize a sign erected without permit. A man who fully under- <br />stood that the signing of property in the City of New Brighton <br />is regulated by law acted in a moment of foolishness to purchase <br />and erect a sign without proper permit. He asks now that we <br />approve the placement of that sign as a part of a sign plan for <br />the property. He does so in the urgency of the threat of criminal <br />prosecution and the threat of economic loss for his foolishness. <br />~hat then is our responsibility? <br /> <br />Our responsibility under Constitutional Government is to decide the <br />issue, independent of the circumstances of the man, based on <br />the criteria established under the laws of the City of New Brighton <br />and under the law of the land as established by the Constitution. <br />The decision is to be based on property and its regulation as <br />determined by law. In this manner, and in this manner only will <br />all men stand equal before the law. In any other case we will <br />participate in the Rule of Man where one man is prosecuted for <br />an offense identical to that which is sanctioned by government <br />in the case of another. I will review the sign criteria as <br />established by law. <br /> <br />Areas of Special Control: The New Brighton sign law recognizes <br />that specific regulations provided in the ordinance cannot <br />sensitively handle all sign situations in the City of New Brighton <br />and therefore allows that the City Council may designate certain <br />areas as areas of special control. It.lists these as:-Scenic Areas, <br />Shopping Centers, and Renewal Areas. The law specifically desig- <br />nates building with multiple occupancy and with both individual and <br />shared entrances as areas of special control and allows that <br />standards set by the City Council may be either more restrictive <br />or less restrictive than those provided explicitly by the ordinance <br />and its table of basic design. <br /> <br />The area of special control provision of the ordinance is a <br />provision for special use permit. While the nature of special <br />use permits is not specifically discussed in the ordinance, there <br />has been ample discussion of such in case law. For example, the <br />