12/16/1996 Council Minutes - Laserfiche WebLink

Home Search

• COUNCIL MINUTES DECEMBER 16, 1996 Dr. Scanlan stated that his facility falls midway between the smallest and the largest in the area, with the average population being 50 to 200 dogs. In addition to the 58 holding cages for large animals, Dr. Scanlan's facility includes 20 cages for cats and smaller dogs. The additional containment requested would be run -size areas for larger dogs. Council Member Bergeson asked for clarification regarding mitigation. Mr. Ahrens explained that it would be "two to one. Council Member Lyden moved to approve the conditional use permit, with the conditions outlined above. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of a Variance, Adgraphics, 2300 Main Street - Ms. Wyland explained that this request is for a sign variance which would allow Adgraphics' business identification sign and two directional signs to be located 5 feet from the property line. The existing sign ordinance requires a 20 -foot setback. Staff and the Planning and Zoning Board have been reviewing the existing sign ordinance, and it has been recommended that the setback be changed from 20 feet to 5 feet for commercial zoning districts. This 5 -foot setback is consistent with other such ordinances in the metropolitan area which were reviewed in connection with Staffs update of the City's ordinance. A public hearing took place at the last Planning and Zoning Board meeting, and the Board tabled consideration in order to review other areas of the ordinance. However, the Board was in agreement with change from 20 feet to 5 feet. Additionally, the Economic Development Board has recommended that this change be made. Ms. Wyland stated that in relation to the criteria necessary in reviewing a variance, she II/ suggested consideration of the following: • 1. That the property in question cannot be put to reasonable use if used under conditions allowed by the official controls. Staff would comment that the sign could be located 20 feet from the property line; however, visibility would be restricted. 2. That the plight of the landowner is due to circumstances unique to his property, not created by the landowner. (In this case, plantings would restrict visibility. This condition was initiated by the landowner.) 3. That the hardship is not due to economic consideration alone, and that reasonable use of the property exists under the terms of the ordinance. (Staff does not believe there is any economic hardship in this case.) 4. That granting the variance requested will not confer upon the applicant any special privilege that would be denied by this ordinance to other land, structures or buildings. 5. That the proposed actions will not unreasonably diminish or impair established property values. 6. That proposed actions will be in keeping with the spirit and intent of the ordinance. Council Member Lyden asked how far from the road the sign would be located. Mr. Ahrens estimated 30 to 40 feet between the road and the sign. Mr. Wessel stated that the original site plan included placement of signs at the proposed location, for safety reasons. He added that Adgraphics operates in an extremely professional manner and exhibits a commitment to quality that sets a standard for economic development in the Clear Watercreek area. Continuing concern is expressed by businesses with respect to having the ability to place signs in beneficial areas. He emphasized safety issues.