03-22-1989 Council Agenda - Laserfiche WebLink

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MCMENOMY & SEVERSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Page Three Little Canada Planning Commission February 28, 1989 While not directly on point, the treatment afforded, the Sinclair station (southwest corner of I -35E and Little Canada Road) is also pertinent. Prior to its conversion to a convenience store format in late 1985, the Sinclair station had two free - standing pylon signs, with the larger Sinclair sign on the southern border of the station being in excess of 30 feet. In considering Sinclair's plan for developing the convenient store at its October 23, 1985 Meeting, the City Council briefly considered the signage issue and it was stated that it was not the intention of the signed ordinance to "go back and make everyone conform to the ordinance ". Thereafter, with no further mention of the signage issues, Sinclair's development plan was approved by the council and the two free standing Sinclair signs remained. II. FREEWAY ACCESS While admittedly the Little Canada ordinances do not establish "freeway fronting districts ", in commercial real estate it is well recognized that freeway fronting property is generally afforded a much higher degree of visibility and that the very reason that businesses pay far more for freeway fronting property is the unique opportunities of drawing upon freeway traffic. In Little Canada, there are only three gasoline stations which have such freeway frontage. Namely, our Fina station at Rice and Highway 36 and the Sinclair and Union 76 stations at I -35E and Little Canada Road, and these two stations are Fina's mast direct competitors in the Little Canada marketing area. As the Union 76 station has the benefit of the nonconforming 62 foot high pylon sign and the nonconforming separate rotating pylon sign, and as the Sinclair station has the benefit of two free standing pylon signs, one of which is estimated to be at least 40 feet in height, it is only fair that Fina be allowed to install its new corporate image two poster 30 foot sign at its freeway location. (In the spirit of fair competition it should also be noted that the two gasoline stations which are directly outside of Little Canada but abut freeways which form the Little Canada boundary also have free standing pylon signs which exceed the 30 foot height presently requested. by Fina. Namely, the Sinclair station directly across Highway 36 from the Fina station has a pylon sign estimated to be 45 feet high while the Total Mart Page 43