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MINUTES PLANNING COMMISSION OCTOBER 8, 2009 drive causes safety issues for internal circulation patterns. Everson agreed that moving the pylon to either side of the Rice Street Drive will create a harard. Duray felt that he met the criteria for a Variance given the pipeline issues as well as issues and hazards in relocating the pylon outside the pipeline easement. Barraclough agreed. Duray again explained that Magellan will not allow the pylon to be moved within the easement. He noted that they even have concerns with removal of the existing pylon footings given the pipeline is only 4 feet deep. Knudsen noted that when a Variance is considered the City not only looks at whether or not a hardship exists, it also looks at what improvements can be made so that the City is getting something back. He noted that in this instance there is a hardship, but the City is also getting the pylon sign height lowered to meet Code requirements and the sign will be more attractive given the addition or architectural elements. "the City Planner noted that the criteria for whether or not the property can be put to a reasonable use does not mean that there are no other options. 1t means, in this case, that the current location of the pylon is a reasonable use. Knudsen felt that the current pylon location was the most reasonable for this property. He noted that moving the sign would either encumber the signage of another property or would result in internal traffic safety issues. Pechmanu recommended approval of a Conditional tJse Permit for Comprehensive Sign Plan for 2526 Rice Street as requested by Tom Duray subject to compliance with the recommendations of the City Planner, based on the faot that this is amulti-tenant property, and given that the southern I/3 of the property is encumbered by a pipeline easement and there are encumbrance and safety issues with relocating the sign to the northern 2/3rds of the property. Motion seconded by Barraclough. Motion carried 6 - 0. Mr. Duray abstained. Pechmann recommended approval of a Variance to allow the repair and expansion of the existing non-conforming pylon sign base to encroach farther into the required setback for the property at 2526 Rice Street as requested by Tom Duray based on the hardship that exists in light of the pipeline easement on the property as well as the fact that relocating the sign to anywhere in the northern 2/3rds of the property would result in the encumbrance of signage for the northern neighboring property as well as -4-