10-22-97 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 22, 1997 Arby's begrudgingly agreed to use metal awnings. Lawrence reported that he then analyzed the City's Architectural Guidelines and ordinances and could not find that backlit canopies were prohibited. The guidelines discourages their use, but there is nothing prohibiting them. Lawrence reported that he asked the Planning Commission to change their approval from metal awnings to backlit canopies. Lawrence reported that Arby's doesn't typically allow metal canopies and prefers back-lit. There are some metal canopies in existence on Arby's buildings; however, these are in shopping centers where certain site standards had to be adhered to. Lawrence felt that Arby's had been misinformed that backlit canopies are prohibited pointing out that he can find nothing that states this prohibition. Fahey indicated that the Council has charged the Planning Commission with the function of applying the architectural ~uidelines. The Commission thoroughly discussed the issue of backlit canopies, and with the aid of the City Planner made the determination that backlit canopies are not in keeping with the architectural standards the City is trying to develop. Fahey pointed out that the City did not allow backlit canopies on the Market Place Shopping Center. Fahey felt the Commission's conclusion was solid and indicated that he was not prepared to second- guess them. Scalze agreed, noting that there were thorough discussions of the issue at both the Commission and Council levels in both September and October. Lawrence felt the issue was that there is nothing in City ordinance specifically prohibitin~ backlit canopies. Lawrence felt that this prohibition was simply an opinion of the Plannin~ Commission and/or the City Planner. Lawrence pointed out that the City has ordinances regulating size and height of signs, but nothing prohibiting backlit canopies. Lawrence asked how the opinion of the Planning Commission can become City Code for the Arby's building. Fahey pointed out that the architectural standards set forth a certain type of development that the City wants. The ordinance permits the Planning Commission to make factual findings as to whether or not a development proposal meets the City's architectural guidelines. Fahey stated that that was his position unless he hears differently from the City Attorney. The City Attorney stated that he had no reason not to agree with the opinion as stated by the Mayor. The Attorney indicated that architectural guidelines are a part of the City's Comprehensive Plan and the City has