10-27-1993 Council Agenda - Laserfiche WebLink

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UL [ -Gd -1773 1 17 I-KUI I SWEENEY bUKSK US I kUW I U L I I Lh LHNHUH F. Ud /U3 Thomas M. Sweeney George F. Borer Paul T. Ostrow Patrick J. Sweeney Sweeney, Borer & Ostrow Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 October 22, 1993 Mr. Joel. R. Hanson City Administrator 515 Little Canada Road Little Canada, MN 55117 Telephone (612) 222-2541 Facsimile (612) 223-5289 Re: Non- conforming Signs Our File No. 7471 Dear Joel: Section 903,110.D. provides, in part, as follows: "Non- Conforming Signs. 1. The following are non - conforming signs: c. Billboards and advertising signs. 3. All non - conforming and prohibited signs created by this Ordinance shall be removed or brought into conformity with this Ordinance within the following time periods: b. All other non - conforming signs: Five (5) years from the date of the enactment of this Ordinance." This portion of the Sign ordinance classifies billboards in all zoning districts within the City as nonconforming uses which are to be removed or brought into compliance within five years of the date of enactment. Steve Grittman indicated that this portion of the Sign ordinance was enacted on April 27, 1983. In 1968, the Minnesota Supreme Court held in Naeaele Outdoor Advertising Combanv of Minnesota v. Village of Minnetonka, that "even though plaintiff's billboards do not threaten the public health, safety, or morals, it cannot be said that the village council's decision that all commercial uses including billboards should be excluded from residential districts is arbitrary, unreasonable, and not substantially related to the general welfare of the community. . In recent years a number of municipalities have sought to eliminate preexisting nonconforming uses by means of so- called Page 6